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SWEAT v. EIGHTH JUDICIAL DISTRICT COURT

No. 71110.

403 P.3d 353 (2017)

133 Nev.Adv.Opn. 76

Lonnie Lynn SWEAT, Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT of the State of Nevada, IN AND FOR the COUNTY OF CLARK; and the Honorable Stefany Miley, District Judge, Respondents, and The State of Nevada, Real Party in Interest.

Supreme Court of Nevada.

FILED October 5, 2017.

Attorney(s) appearing for the Case

Philip J. Kohn , Public Defender, and Howard Brooks and Kenton G. Eichacker , Deputy Public Defenders, Clark County, for Petitioner.

Adam Paul Laxalt , Attorney General, Carson City; Steven B. Wolfson , District Attorney, Steven S. Owens , Chief Deputy District Attorney, and Ryan J. MacDonald , Deputy District Attorney, Clark County, for Real Party in Interest.

BEFORE HARDESTY, PARRAGUIRRE and STIGLICH, JJ.

OPINION

The Double Jeopardy Clause protects a defendant from multiple prosecutions for the same offense. This opinion addresses whether a defendant's failure to comply with the terms of a plea agreement with the State constitutes a waiver of that protection. We hold that where a defendant pleads guilty...

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