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State v. Pattno

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eBook details

  • Title: State v. Pattno
  • Author : Nebraska Supreme Court
  • Release Date : January 05, 1998
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 55 KB

Description

The defendants seek to withdraw their pleas of guilty, because the Trial Judge (Perkins, J.) imposed sentences more severe than the county attorney, in fulfillment of a plea bargain, recommended. The defendants were arrested in the course of committing a burglary. They agreed to plead guilty to that charge in return for certain sentence recommendations by the county attorney. Prior to taking their pleas, the trial court addressed the defendants and determined that they understood that he was not bound to follow the county attorneys recommendations. The trial court accepted the defendants pleas. The county attorney pursuant to the agreement recommended that all four cases be continued for sentence and that two defendants be placed on probation for two years. The court declined to follow these recommendations. Rather the court sentenced all four defendants to twelve months in the house of correction and three years probation. In two cases the court suspended three months of the sentence; in the other two cases, six months. The defendants then moved to withdraw their pleas or in the alternative for reconsideration of their sentences. After a hearing the trial court denied the motions to withdraw pleas, affirmed the sentences previously imposed, and reserved and transferred the defendants exceptions. Sentence was imposed in February 1973; the defendants were released on bail pending their appeal.


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