right in reliance upon it. Id. at 763. (“When a district attorney or assistant district attorney makes a good faith bargain with a person accused of a crime and defendant, in reliance on that bargain, relinquishes such a fundamental right as the privilege against self-incrimination, the state cannot repudiate the bargain.”). In other words, under Tanner, if the defendant does not relinquish a fundamental right, then this is not an enforceable agreement. lain sum, I would find the trial court abused its discretion in granting the motion to quash, reinstate the second degree murder indictment, and remand for further proceedings. 1 . "The party demanding performance of a contract has the burden of proving its existence.” State v. Givens, 1999-3518, p. 15 (La. 1/17/01), 776 So.2d 443, 455 (<HOLDING>). Given the defendant’s burden to prove the
holding that a court may only enforce a settlement agreement if it constitutes an enforceable contract holding defendant did not prove an enforceable agreement only that there was some discussion of a plea bargain recognizing that both parties to a plea bargain make various concessions and gain certain advantages during plea negotiations and underscoring that a criminal defendant having availed himself of the advantages of a plea agreement cannot welch on his part of the bargain internal quotation marks and citation omitted holding that a waiver of right to appeal contained in a plea agreement is enforceable holding that an arbitration agreement that was invalid due to unconscionability was not enforceable