Monthly Archives: October 2010

ACCEPTANCE OF GUILTY PLEA – WHEN? (10-18)

Defendant pleads guilty to Felony Domestic Assault (but could be any criminal offense) pursuant to a plea agreement. Court accepts the plea, orders a PSI and return for sentencing. After reading the PSI court decides NOT to accept the plea agreement. At sentencing the court rejects the previously accepted plea of guilty. Defendant argues that his continued prosecution, following the rejection of a guilty plea that the district court had accepted in open court, violated the constitutional protection against double jeopardy.

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Pendleton10.18-Acceptance_of_Guilty_Plea

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