SPARKS v. STATE

No. 43593.

110 P.3d 486 (2005)

Jason Robert SPARKS, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

April 28, 2005.


Attorney(s) appearing for the Case

Philip J. Kohn, Public Defender, and Danny A. Silverstein, Deputy Public Defender, Clark County, for Appellant.

Brian Sandoval, Attorney General, Carson City; David J. Roger, District Attorney, and James Tufteland, Chief Deputy District Attorney, Clark County, for Respondent.

Before ROSE, GIBBONS and HARDESTY, JJ.


OPINION

PER CURIAM.

In this appeal, we consider whether a provision of the written plea agreement known as the "failure to appear" (FTA) clause is legally enforceable. The FTA clause releases the State from its promise to recommend, or refrain from recommending, a particular sentence if the defendant fails to appear for a scheduled sentencing proceeding or commits an additional criminal offense prior to sentencing. We conclude that the FTA clause...

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