RILEY v. WARDEN, NEVADA STATE PRISON

No. 7049.

515 P.2d 1269 (1973)

Billy Ray RILEY, Appellant, v. WARDEN, NEVADA STATE PRISON, Respondent.

Supreme Court of Nevada.

November 20, 1973.


Attorney(s) appearing for the Case

Gary A. Sheerin, State Public Defender, Carson City, for appellant.

Robert List, Atty. Gen., Carson City, Roy A. Woofter, Dist. Atty., Clark County, Las Vegas, for respondent.


OPINION

GUNDERSON, Justice:

Pursuant to a "plea bargain" whereby a prosecutor promised to drop four other charges, and not to make any recommendation concerning sentencing, appellant pleaded guilty to one charge of robbery. At the sentencing hearing, a different prosecutor violated the bargain, stating:

"Your honor, recognizing it is your prerogative to sentence this defendant, the District Attorney would like to go on record that it concurs in the...

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