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KELLY v. STATE

No. 21726.

837 P.2d 416 (1992)

George R. KELLY, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

Rehearing Denied November 3, 1992.

Attorney(s) appearing for the Case

Paul A. Sherman, Carson City, for Appellant.

Frankie Sue Del Papa, Attorney General, Kevin G. Higgins, Deputy Attorney General, Carson City, for Respondent.

OPINION

SPRINGER, Justice:

The appellant, George Kelly ("Kelly"), was serving a fifteen-year sentence for attempted sexual assault when he filed a habeas corpus petition in federal court. In his habeas petition, Kelly included a letter, purportedly written by his trial counsel, guaranteeing him a maximum five-year sentence in exchange for pleading guilty to attempted sexual assault. Based upon this letter, Kelly was subsequently charged in state court with...

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