Brown was indicted on two felony charges. He agrees to plead to a lesser included offense and the prosecutor agrees to make no recommendation regarding the sentence. Months pass before sentencing. Before sentencing, a new prosecutor and judge take over the case. The prosecutor recommends the maximum one-year sentence and the judge imposed the sentence.
-Based on previous cases, what would the most likely result be if Brown appeals his case?

Question

Brown was indicted on two felony charges. He agrees to plead to a lesser included offense and the prosecutor agrees to make no recommendation regarding the sentence. Months pass before sentencing. Before sentencing, a new prosecutor and judge take over the case. The prosecutor recommends the maximum one-year sentence and the judge imposed the sentence. 
-Based on previous cases, what would the most likely result be if Brown appeals his case?

Quizplus · Accepted Answer

Based on previous cases, it is most likely that if Brown appeals his case, the sentence would be vacated and the case would be remanded. This means that the appeals court would send the case back to the trial court for further proceedings, such as a new trial, sentencing, or evidentiary hearing. It is less likely that the sentence or verdict would be completely overturned, as courts generally give deference to the findings of the trial court. However, there is still a small chance that the appeals court could overturn the verdict or uphold the original sentence.

Brown Was Indicted on Two Felony Charges