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STATE v. MURPHY

861 A.2d 657 (2004)

2004 ME 118

STATE of Maine v. Daniel MURPHY.

Supreme Judicial Court of Maine.

Submitted on Briefs: May 28, 2004.

Decided: September 13, 2004.

Attorney(s) appearing for the Case

Stephanie Anderson, District Attorney, Julia Sheridan, Asst. Dist. Atty., Portland, for State.

Robert A. Levine, Portland, for defendant.

Panel: SAUFLEY, C.J., and CLIFFORD, RUDMAN, DANA, ALEXANDER, CALKINS, and LEVY, JJ.

CLIFFORD, J.

[¶ 1] Daniel Murphy appeals from his sentence entered in the Superior Court (Cumberland County, Delahanty, J.). Murphy contends that the court erred when it concluded that because he violated his bail conditions, his plea agreement, pursuant to which the State promised to recommend a specific sentence, became an open plea. We agree with Murphy and vacate his sentence.

I. BACKGROUND

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