concurring specially.
[¶ 24] I concur in the result. The colloquy between the judge and Farrell immediately subsequent to sentencing convinces me that Farrell did not understand the effect of the discussion between the prosecuting attorney and Farrell or Farrell’s attorney. As a result, I agree Farrell’s plea was not voluntary within the meaning of Rule 11(c) N.D.RCrim.P.
[¶ 25] I do not understand the majority to be abandoning the concept of binding and nonbinding plea agreements which has developed in our construction of Rule 11, N.D.R.Crim.P. E.g., State v. Thompson, 504 N.W.2d 315 (N.D.1993) (noting a nonbinding recommendation of sentence and a binding plea agreement under Rule 11(d) are not the same); State v. Werre, 453 N.W.2d 826 (N.D.1990). To the extent the majority may be read to muddy that distinction, I adhere to the majority position in Thompson and my special concurrence at 319 of that opinion.