ECHEVERRIA v. STATE

No. 38691

62 P.3d 743 (2003)

Ricardo Ventura ECHEVERRIA, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

February 12, 2003.


Attorney(s) appearing for the Case

Michael R. Specchio, Public Defender, and John Reese Petty, Chief Deputy Public Defender, Washoe County, for Appellant.

Brian Sandoval, Attorney General, Carson City; Richard A. Gammick, District Attorney, and Gary H. Hatlestad, Deputy District Attorney, Washoe County, for Respondent.

Before AGOSTI, C.J., ROSE, J., and YOUNG, Sr.J.


OPINION

ROSE, J.

In this appeal, we consider whether a harmless-error analysis applies to the State's breach of a plea agreement and whether such a breach requires reassignment to a different district court judge for sentencing. We conclude that a harmless-error analysis does not apply and that reassignment is required, and we vacate the judgment of conviction and remand this case for a new sentencing hearing before a different district court judge...

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