Washington v. MacDonald
Petitioner Ronald Wayne MacDonald entered into a plea agreement for second degree murder with the prosecutor in exchange for recommending a 5-year suspended sentence with 16 months' confinement in King County jail, with credit for time served. At sentencing, the prosecutor informed the court that the investigating officer wished to speak on behalf of the victim. The officer had remained involved throughout the plea negotiations, and the prosecutor intended for the officer to sit at counsel's table. The prosecutor asserted she did not know what the officer wanted to say. MacDonald objected, but the trial court permitted the officer to testify as a victim advocate. The officer then asked the court to impose the maximum sentence. The trial court gave MacDonald the maximum sentence, and the Court of Appeals affirmed. MacDonald moved to withdraw his plea. But because the trial court judge had retired, the motion was transferred to the Court of Appeals. The Court of Appeals denied the motion and affirmed MacDonald's conviction in an unpublished decision. Upon review, the Washington Supreme Court held that the investigating officer was functioning as a substantial arm of the prosecution and should not have been permitted to advocate against the plea bargain. Therefore, the State breached the plea agreement by undercutting the agreed sentencing recommendation. The Court reversed the Court of Appeals and remanded with instructions to permit MacDonald to either withdraw his guilty plea or seek specific performance of the plea agreement. View "Washington v. MacDonald" on Justia Law