"Show Me the Money": Specific Performance of a Plea Agreement

Suppose a defendant is indicted on charges of trafficking, possession with intent to manufacture, sell and deliver, possession of drug paraphernalia, and simple possession. Suppose further that the defendant enters into a plea agreement with the State. Under the terms of the plea agreement, the defendant will plead guilty to one count of misdemeanor possession; the State will dismiss the remaining charges and return the defendant’s personal property that was seized in connection with the investigation, including over $6,000 in cash. The plea is accepted by the judge and the defendant is sentenced to serve a 45-day sentence, suspended, placed on supervised probation for twelve months, and required to pay a fine and costs. The defendant then pays the fine and costs and begins serving the sentence. The State however, does not return the money. When the defendant moves for return of the funds, the State claims that it can’t return the money because it has been forfeited to federal and State authorities. What should the trial court do? □  Strike the plea because specific performance is impossible? □ Require the State to return the money? Those were basically the facts of State v. King, a case recently decided by the N.C. Court of Appeals. In King, the trial court opted for choice one above. The trial court found that the State had breached the agreement but that specific performance was impossible; instead, the trial judge struck the plea. Although the Court of Appeals agreed that the State breached the agreement, [...]