(DOWNLOAD) "State Nebraska v. Arthur J. Alegria" by Supreme Court of Nebraska * eBook PDF Kindle ePub Free
eBook details
- Title: State Nebraska v. Arthur J. Alegria
- Author : Supreme Court of Nebraska
- Release Date : January 29, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Upon a plea of guilty to forcibly assaulting or resisting a law enforcement officer while engaged in or on account of the performance of his official duties, the defendant was sentenced to 5 months imprisonment in the Nebraska Penal and Correctional Complex. He has appealed and contends the trial court erred in receiving the guilty plea and not honoring the plea bargain, and in refusing to place the defendant on probation. At the arraignment it was disclosed to the court that the defendant had entered into a plea bargain with the county attorney, in which the county attorney agreed to recommend probation in return for the defendant's agreement to enter a plea of guilty. After the terms of the plea bargain had been stated in the record the following occurred: ""THE COURT: Mr. Alegria, as we have been careful to explain to you, the only -- this is not binding upon the court. Now, I am free to tell you that I will take it into consideration. But there is no guarantee to you that I will not sentence you to the maximum of one year in the penitentiary. MR. ALEGRIA: Yes. THE COURT: And that my only responsibility is to consider the recommendations of the parties as I will consider all other factors in this case. Do you understand? MR. ALEGRIA: Yes. THE COURT: And you know that you are not guaranteed anything, right? MR. ALEGRIA: Yes.""
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