State v. Solano

Richard Solano (defendant), Vickie Hurst-Solano (defendant), and Guy Lindstrom were charged with possession of cocaine for sale and possession of marijuana. The three co-defendants negotiated a package-deal plea agreement, which is a plea bargain that conditions each defendant’s plea on the court’s acceptance of the other co-defendants’ pleas. The package-deal plea agreement required (1) Solano to receive a 63-month prison sentence for possession of cocaine for sale, with parole available after at least five years, and (2) Hurst-Solano and Lindstrom to each plead guilty to a lesser charge of cocaine possession for five years of incarceration. Under Arizona law, Solano would receive the minimum possible penalty for possession of cocaine for sale, and Hurst-Solano and Lindstrom would receive the maximum possible penalty for cocaine possession. The sentencing court noted that the presentence report recommended a lesser sentence for Hurst-Solano and Lindstrom but concluded that the court was powerless to interfere and sentenced all three defendants to the plea terms. Solano and Hurst-Solano, a married couple, filed separate appeals that the appellate court consolidated. The appellate court vacated Solano’s and Hurst-Solano’s sentences, finding that package-deal plea agreements violate both Arizona statutes and public policy. The Arizona Supreme Court granted the government’s (plaintiff) petition for review.