Opinion filed July 11, 1997. James Brent Getty , assistant appellate defender, argued the cause, and Jessica R. Kunen , chief appellate defender, was with him on the brief for appellant. Charles R. Reimer , assistant district attorney, Nola Foulston , district attorney, and Carla J. Stovall , attorney general, were on the brief for appellee. Here, the defendant pled guilty to one count of aggravated battery. At the time of the plea, both the defendant and the State thought the defendant's criminal history score was F, which carries a presumptive prison sentence of 52 to 59 months.
All parties agree that C is the proper criminal history score.
The parties mistakenly thought a prior juvenile adjudication was not a person felony when, in fact, it was. The first question is whether a plea agreement between the State and the defendant existed at all. The defendant pled guilty and filed with the court a document entitled Defendant's Acknowledgement of Rights and Entry of Plea. It is from this document that the appellate defender concludes there is a plea agreement. Paragraph 2 of the document sets forth the plea negotiations.