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When a Defendant Violates a Plea Agreement After Being Sentenced, Is a Court Permitted to Invalidate the Plea and Reinstate the Original Charges?

State of Ohio v. Kareem Gilbert, Case no. 2013-0382

First District Court of Appeals (Hamilton County)

ISSUES:

When a party breaches a plea agreement after being sentenced, does the trial court have the authority to vacate the plea and reinstate the original charges?

Under these circumstances, is the prosecution of the original charges double jeopardy?

Tags

Plea Bargain Plea Agreement Contract Binding Contract Original Charges Double Jeopardy Invalidate Plea Defendant Testimony Sentencing Sentence

Markers Transcript

00:00:34	Melynda Machol for the state
00:20:22	Ravert Clark for Kareem Gilbert
00:32:58	Summation: Melynda Machol for the state

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Note : Transcripts are compiled from uncorrected captions