Chae v. People
In Chae v. People, 780 P.2d 481 (Colo. 1989), the Supreme Court of Colorado discussed the inclusion of the sentence recommendation as a material part of, rather than a separate consideration from, the plea agreement entered into by Mr. Chae. 780 P.2d at 487.
Because the illegal sentencing provision prevented Mr. Chae from being bound by his original plea agreement, the court found that the district attorney was also not bound by the agreement. Id. at 488.
Thus, the court remanded the case with directions that the district attorney could reinstate the charges against Mr. Chae that had previously been dismissed under the plea agreement. Id.