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eBook details

• Title: State Nebraska v. Joel Evans
• Author : Supreme Court of Nebraska
• Release Date : January 23, 1975
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

This is an appeal from a burglary conviction on a nolo contendere plea entered pursuant to a plea bargain. The county attorney
agreed to recommend a 6-month county jail sentence. Appellant-defendant received a 2 to 4 year term in the Nebraska Penal
and Correctional Complex. His motion to withdraw his plea was overruled. Defendant alleges the court, in overruling his motion
to withdraw his plea, abused its discretion, violated his right to the equal protection of the laws, and denied the due process
of law guaranteed by the United States Constitution. We affirm. When defendant entered his plea the trial court inquired whether there had been any plea bargaining. Counsel for defendant
informed the court there had, and explained the agreement to the court. He then requested that the plea be entered with leave
to withdraw it if the court chose not to honor the county attorney's recommendation of a county jail sentence. The court advised
defendant and his counsel it would not be bound by any recommendations. It further advised defendant any plea made would be
binding and if that was not the understanding of defendant and his counsel there should be no further proceedings on the plea.
Defendant was then asked by his counsel if this was agreeable to him and he replied in the affirmative. The court then stated:
"The only position I am taking, Mr. Evans, is that, as the Court, I am not going to be bound by such a recommendation. You
are either guilty of a charge, or you are not. I am not saying it won't be considered, because it will. Certainly the recommendation
of the County Attorney will be considered, as will the presentence investigation and anything else that is brought to the
Court, either by your lawyer, or you. Is that your understanding, Mr. Evans?" Defendant answered affirmatively.

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