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O'GUINN v. STATE

Nos. 37300, 38382.

59 P.3d 488 (2002)

Roy A. O'GUINN, Appellant, v. The STATE of Nevada, Respondent. Robert Rodney Presfield, Appellant, v. The State of Nevada, Respondent.

Supreme Court of Nevada.

December 20, 2002.

Attorney(s) appearing for the Case

Marcus D. Cooper, Public Defender, and Catherine A. Woolf, Howard S. Brooks, and Joseph K. Abood, Deputy Public Defenders, Clark County, for Appellant O'Guinn.

Steven G. McGuire, State Public Defender, and James P. Logan, Chief Deputy Public Defender, Carson City, for Appellant Presfield.

Frankie Sue Del Papa, Attorney General, Carson City; Stewart L. Bell, District Attorney, James Tufteland, Chief Deputy District Attorney, and Frank J. Coumou, Deputy District Attorney, Clark County, for Respondent in Docket No. 37300.

Frankie Sue Del Papa, Attorney General, Carson City; Richard W. Sears, District Attorney, White Pine County, for Respondent in Docket No. 38382.

Before the Court En Banc.

OPINION

PER CURIAM.

In separate proceedings, both appellants entered pleas of guilty but mentally ill. Appellants appeal and present the issue as to whether our decision in Finger v. State1 automatically entitles a defendant convicted pursuant to a guilty but mentally ill plea to withdraw that plea and proceed to trial.2

FACTS

O'Guinn v. State, Docket No. 37300

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