Lopez v. Mills

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Post-Conviction Relief
  • Date Filed: 05-09-2012
  • Case #: A140640
  • Judge(s)/Court Below: Duncan, J. for the Court; Armstrong, P.J.; and Haselton, C.J.
  • Full Text Opinion

The post-conviction court's award of specific performance is an adequate remedy when the prosecutor breaches his agreement to provide a recommendation if it provides the defendant the benefit of the agreement that led to the plea.

Petitioner appealed from a post-conviction judgment awarding specific performance. Petitioner claimed specific performance was an inadequate remedy for the Prosecutor's breach of his agreement to recommend parole after Petitioner served 20 years of his life sentence. Petitioner claimed an adequate remedy for the breach would be to vacate his conviction for aggravated murder or, alternatively, release him on parole. At the post-conviction trial, the court concluded Petitioner was entitled to post-conviction relief, but not the relief he requested. The Court of Appeals held that if the State breaches an agreement by failing to make an agreed-upon recommendation, the breach can be adequately remedied by specific performance if the remedy would provide Petitioner the benefit of the agreement that led to the plea. Affirmed.

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