CHEYENNE - Because a plea bargain went sour, a Cheyenne man will be allowed to withdraw his guilty plea to first degree sexual assault, the Wyoming Supreme Court ruled Friday.

In a unanimous opinion, the court reversed the conviction of Johnny Lee Ford on grounds the prosecutor in the Laramie County District Court case breached the plea agreement with the defendant.

On March 8, 2001, Ford pleaded guilty to the sexual assault charge in return for the state's agreement to recommended a suspended 5 to 10 year prison sentence with placement at either the Intensive Supervision Program (ISP) or Adult Community Corrections with required sex-offender treatment and standard terms of probation.

After Ford entered his guilty plea, the ISP program, Community Alternatives of Casper and Frontier Correctional System all refused to admit him on grounds he was not suitable for placement.

At Ford's sentencing hearing, the prosecutor, who is not identified in the opinion, said Ford's behavior in jail, including threats to other inmates and destruction of property, indicated he would be a bad risk for anything other than the term of 5 to 10 years in the Wyoming State Penitentiary. Ford claimed the district attorney violated terms of the plea bargain and asked to withdraw his guilty plea.

But District Judge Edward Grant said he didn't believe the plea bargain was violated and denied Ford's motion. Grant also said he believed the prosecutor made the recommendation she agreed to make but that he could not accept it because it was inappropriate, said the opinion, written by Justice Larry Lehman.

Grant then sentenced Ford to a term of 6 to10 years in the penitentiary.

The Supreme Court opinion said that at no time during the sentencing did the prosecutor make a recommendation for a suspended sentence like that bargained for.

"Here, the prosecutor not only failed to make the recommendation to which she agreed but she argued that Ford would not be fit for anything but a prison stay," Lehman wrote.

The prosecutor also used information in Ford's pre-sentence report when she argued his behavior made him a bad risk for anything other than prison time.

"As such, the prosecution's remarks certainly violated the spirit of the agreement," the opinion said.

The court reversed the conviction and sent the case back to the trial court with orders to allow Ford to withdraw his guilty plea.