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ozzie1942

Can a Nevada court withdraw a plea sua sponte?

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After a Nevada state court accepts a plea of guilty, can it later withdraw the plea sua sponte before sentencing without the consent of the defendant?

What statutory for case authority addresses this question?

ozzie 1942

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After a Nevada state court accepts a plea of guilty, can it later withdraw the plea sua sponte before sentencing without the consent of the defendant?

What statutory for case authority addresses this question?

ozzie 1942

The only reference I found, at least statutorily is this, see 3. It does not permit sua sponte action;

NRS 174.035 Types of pleas; procedure for entering plea.

1. A defendant may plead not guilty, guilty, guilty but mentally ill or, with the consent of the court, nolo contendere. The court may refuse to accept a plea of guilty or guilty but mentally ill.

2. If a plea of guilty or guilty but mentally ill is made in a written plea agreement, the agreement must be in substantially the form prescribed in NRS 174.063. If a plea of guilty or guilty but mentally ill is made orally, the court shall not accept such a plea or a plea of nolo contendere without first addressing the defendant personally and determining that the plea is made voluntarily with understanding of the nature of the charge and consequences of the plea.

3. With the consent of the court and the district attorney, a defendant may enter a conditional plea of guilty, guilty but mentally ill or nolo contendere, reserving in writing the right, on appeal from the judgment, to a review of the adverse determination of any specified pretrial motion. A defendant who prevails on appeal must be allowed to withdraw the plea.

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Can it?

Of course it can. Especially if it already did.

A lot more detail is going to be needed to make sense of your question.

hello adjusterjack.

it doesn't look like any more detail is needed based on the following cititation,

Nev.,1984.

Parker v. State

100 Nev. 264, 679 P.2d 1271

may i ask what you based your opinion on. Thank you

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