Kelly v. State

Young, J., with whom Mowbray, C. J., joins,

dissenting:

Respectfully, I dissent.

*554 The Material Facts

In January 1984, after a plea of guilty was entered, the district court sentenced Kelly to serve fifteen years in the Nevada State Prison. In November 1984, Kelly moved to withdraw his plea, arguing that his defense counsel had failed to recognize a possible defense and that the State had breached the plea bargain. Specifically, Kelly argued that he had agreed to plead guilty in exchange for the State’s recommendation at sentencing that he receive no more than five years. However, at sentencing,…