Scenario 5:

Question : Defendant, a potential second felony offender, is charged with criminal possession of stolen property in the third degree in violation of PL 165.50, a class D felony. The defense desires to plead to the charge in exchange for a sentence of parole supervision, which the court indicates it is willing to impose. The prosecutor indicates he is opposed to imposition of the so-called "Willard" sentence under any circumstances. He then indicates he will consent to entry of a plea to the attempt to commit the crime, with sentence to be left to the court's discretion. Has the prosecutor made a prudent decision, or an error in judgment?

Answer :