STATE v. PEEL (2020)

Writ application granted. See per curiam.

Writ granted. Defendant, who was sentenced to a net term of imprisonment of 15 years, filed a motion seeking to be resentenced in accordance with the terms of his plea agreement, which the district court denied. In light of the State's concessions before this court that all parties agreed at the time defendant pleaded guilty that he would only serve 12 years imprisonment, and that the district court would resentence him in accordance with this agreement if the Department of Public Safety & Corrections deemed him ineligible for “good time” diminution of sentence, we grant defendant's application and remand to the district court. The district court is ordered to resentence defendant in accordance with the terms of his plea agreement to a net term of imprisonment not to exceed 12 years.

REMANDED

Our judicial system uses an adversarial approach to discover the truth. Each party diligently develops their case while refuting their opponent's position, a combative process that ideally ultimately reveals the truth. But the adversarial approach is a means to an end; it is not the goal. Here, we arrive at the truth through a non-adversarial act where the state concedes the defendant is correct. I commend District Attorney Scott Perrilloux and his office for this concession, which demonstrates their commitment to doing what is right and just. Such acts in the interest of justice are too infrequent in today's legal climate and demonstrate that our adversarial system can still find truth and serve the ends of justice.

Weimer, J., concurs for reasons assigned by Justice Crain. Crain, J., concurs and assigns reasons.