Rutti v. State
In Rutti v. State, 100 P.3d 394, 410 (Wyo. 2004), cert. denied, 544 U.S. 1019 (2005), the appellant had agreed to plead guilty to two counts against him and, in exchange, the State agreed to dismiss two other counts charged in the information.
The appellant argued that his plea agreement was breached when the State dismissed the two counts without prejudice such that they could be charged again at a later date. Id.
However, Rutti never objected to the State's actions in the trial court. Id.
The Court said that the first hurdle, then, is to prove plain error. Once again, "plain error will not be assigned unless:
(1) the record clearly reflects the incident surged as error;
(2) appellant is able to demonstrate violation of a clear and unequivocal rule of law;
(3) it is shown that a substantial right of the appellant was materially abridged." Id.