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Dutton v. State1/8/1999
[No. 1615 - January 8, 1999]
Appeal from the Superior Court, First Judicial District, Juneau, Larry R. Weeks, Judge.
This appeal requires us to interpret a contract - a plea bargain. Philip G. Dutton was charged with third-degree assault. The State offered to reduce this charge to a misdemeanor (fourth-degree assault), conditioned on Dutton's also pleading guilty to a federal felony charge arising from the same episode. Dutton accepted the offer: he pleaded guilty in federal court, and then he was sentenced on the misdemeanor assault charge in state court. Six months later, however, Dutton withdrew his federal plea.
Dutton's withdrawal of his federal plea raises two questions: First, did Dutton materially breach his plea bargain with the State when, following his state sentencing, he withdrew his federal plea? Second, assuming that Dutton's withdrawal of his federal plea was a material breach of his plea bargain with the State, could the State reinstate the original felony charge?
For the reasons explained here, we conclude that Dutton's withdrawal of his federal plea was a material breach of his plea agreement with the State, and we further conclude that the double jeopardy clause did not prohibit the superior court from vacating Dutton's misdemeanor conviction and reinstating the original third-degree assault charge.
Underlying facts
Philip G. Dutton faced both state and federal felony charges stemming from his conduct in Glacier Bay National Park. The state felony charge was third-degree assault: the State asserted that Dutton had aimed a .44 magnum handgun at a man (Dan Foley) who happened upon Dutton's campsite, and that Dutton had threatened to shoot Foley.
To resolve this assault charge, Dutton and the State entered into a plea agreement. The State agreed to reduce the assault charge to fourth-degree assault (a misdemeanor), and the State further agreed that Dutton would receive a sentence of 12 months' imprisonment with 8 months suspended (4 months to serve), plus forfeiture of the .44 magnum. For his part, Dutton agreed to plead no contest to fourth-degree assault and, additionally, to plead guilty or no contest to at least one federal felony.
Dutton's change-of-plea hearing in superior court was postponed twice, a delay of almost one month, until the parties made sure that Dutton had entered his federal plea. When this was verified, the superior court accepted Dutton's plea to fourth-degree assault and imposed the agreed-upon sentence.
Things unraveled six months later, when Dutton withdrew his plea to the federal felony. The State announced that it considered Dutton to have breached the plea agreement, thus resuscitating the third-degree assault charge. Over Dutton's objection, Superior Court Judge Larry R. Weeks vacated Dutton's fourth-degree assault conviction and allowed the State to reinstate the third-degree assault charge.
Judge Weeks found that Dutton's agreement with the State required Dutton not just to plead guilty in federal court but also to be sentenced on that plea. Accordingly, Judge Weeks ruled that when Dutton withdrew his federal plea, he violated the terms of his plea agreement with the State. Judge Weeks then ruled that, because Dutton had breached the agreement, the plea agreement should be rescinded and the parties returned to the status quo ante: Dutton's misdemeanor assault conviction should be vacated, and the State should be allowed to reinstate the original felony assault charge.
Following this ruling, Dutton was tried for third-degree assault and was convicted. He now appeals the superior court's decision to allow the
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