Court of Appeals of Washington January 29, 1999, 22610-3-II (State v. Jerde)

Bridgewater, C.J.

Thorsten M. Jerde appeals his exceptional sentence of 497 months’ incarceration after his guilty plea to second degree murder. We hold that by emphasizing aggravating factors in the murder at sentencing, without prompting by the sentencing court, the prosecutor breached the plea agreement and undercut the sentencing recommendation of 346 months.