Supreme Court of Arkansas

State of Arkansas, Appellant v. Jason Michael Johnson, Appellee — Hannah, J., Dissenting

February 18, 20102010 Ark. LEXIS 99

Summary

Hannah, C.J., dissenting, would dismiss the State's appeal because the State was not entitled to appeal under the applicable appellate rule. The dissent reasons that the appellee accepted and performed an agreement to forbear prosecution, making the agreement enforceable without any showing of detrimental reliance. Hannah, C.J., further distinguishes plea agreements, which require court approval, from prosecutorial promises not involving judicial approval.