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State v. Ozment

The trial court violated the legal prohibition against judicial participation in the plea negotiation process when it dismissed three counts of an accusation, over the State's objection, after accepting the defendant's guilty plea to another count of the accusation, and deprived the State of its right to present its case against the defendant.

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The state appeals from the trial court’s order dismissing three counts of an accusation after the court had accepted the defendant’s guilty plea to another count of the accusation. Because the trial court erred in dismissing the counts of the accusation, we reverse the order of dismissal. However, we reject the state’s further request that we vacate the sentence imposed for the count to which the defendant pled guilty because the state has failed to carry its burden of showing that the sentence was improper.

In a four-count accusation, the state charged Gregory Ozment with driving under the influence of alcohol with a blood alcohol concentration of .08 grams or more DUI per se, driving under the influence of alcohol to the extent that he was a less safe driver DUI less safe, possessing an open container of alcohol while operating a motor vehicle, and failing to maintain a lane while operating a motor vehicle. Ozment rejected the state’s plea offer and proceeded to enter a non-negotiated guilty plea to only the second count of the accusation charging him with DUI less safe. At the plea hearing, Ozment requested that the trial court dismiss the other counts of the accusation. The state objected, noting that the dismissal of any counts should be part of a negotiated plea agreement. The trial judge overruled the objection, accepted Ozment’s plea and dismissed the remaining counts, stating, I’ve just negotiated it. Thank you for your objection. I will go ahead and I will accept the plea. I will go ahead and dismiss Count One, Count Three and Count Four. The trial court sentenced Ozment to 12 months of probation and entered a final disposition dismissing the other three counts of the accusation. This appeal followed.

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