77-2a-4 - Violation of plea in abeyance agreement -- Hearing -- Entry of judgment and imposition of sentence -- Subsequent prosecutions.
77-2a-4. Violation of plea in abeyance agreement -- Hearing -- Entry of judgmentand imposition of sentence -- Subsequent prosecutions.
(1) If, at any time during the term of the plea in abeyance agreement, information comesto the attention of the prosecuting attorney or the court that the defendant has violated anycondition of the agreement, the court, at the request of the prosecuting attorney, made byappropriate motion and affidavit, or upon its own motion, may issue an order requiring thedefendant to appear before the court at a designated time and place to show cause why the courtshould not find the terms of the agreement to have been violated and why the agreement shouldnot be terminated. If, following an evidentiary hearing, the court finds that the defendant hasfailed to substantially comply with any term or condition of the plea in abeyance agreement, itmay terminate the agreement and enter judgment of conviction and impose sentence against thedefendant for the offense to which the original plea was entered. Upon entry of judgment ofconviction and imposition of sentence, any amounts paid by the defendant as a plea in abeyancefee prior to termination of the agreement shall be credited against any fine imposed by the court.
(2) The termination of a plea in abeyance agreement and subsequent entry of judgment ofconviction and imposition of sentence shall not bar any independent prosecution arising from anyoffense that constituted a violation of any term or condition of an agreement whereby the originalplea was placed in abeyance.
Enacted by Chapter 82, 1993 General Session