Attorney John Henry Browne says Harris-Moore will plead guilty to the burglary charge Wednesday in Skagit County Superior Court.
Harris-Moore was sentenced to seven years in prison as part of a 2011 plea deal with three counties. Among those crimes was first-degree theft for stealing a Cirrus airplane in Skagit County in February 2010 and flying it to Orcas Island in San Juan County.
But in February, Skagit County Prosecutor Rich Weyrich, who refused to take part in the three-county deal, charged Harris-Moore with second-degree burglary for breaking into the Anacortes Airport and first-degree theft for taking the plane.
Browne says Harris-Moore will be sentenced to three months time served, and the theft count will be dropped.
Browne said it was inappropriate to for the charges to be filed in the first place.
"It was vindictive on the part of Mr. Weyrich," he said. "He was grandstanding and he burned his own grandstand down."
Weyrich, who didn't immediately return a call seeking comment Tuesday, has said he didn't join the plea deal because he wanted Harris-Moore to answer for the Skagit County crimes in a local courtroom.
Browne has said one reason the three counties pursued a joint plea deal with Harris-Moore was to get restitution as fast as possible for crime victims, including the owners of the airplane in the Skagit County charges.