Application of Deserly

WUEST, Justice

(concurring specially).

I agree -with Justice Henderson’s point on Issue II, that Deserly could not be convicted for failing to appear at the informal “disposi-tional conference.” However, an examination of the settled record shows that Deserly pled guilty to an information charging him with failing to appear before a magistrate who is a judicial officer. This plea was the result of a plea bargain which kept Deserly from being charged as an habitual criminal. In addition, the property damage charge was dismissed. Deserly benefitted from this bargain and should not now be permitted to repudiate it. As Justice Henderson notes in his writirig, there was damage in the amount of $500.00 to the automobile which Deserly was driving without permission. This would have provided evidence to convict Deserly of a felony or felonies, so this was not a case of an innocent person being coerced into a plea bargain. Perhaps the case could have been better handled by the prosecutor and defense counsel, but I do not find any injustice committed.

I vote to affirm the trial court.