Kluttz v. Warden, Nevada State Prison

OPINION

This is an appeal from an order denying appellant Kluttz’s post-conviction habeas corpus petition. Kluttz contends that the state breached a plea bargain made by the parties. We agree and therefore reverse and remand.

In July, 1981, Kluttz was arraigned in district court on an information charging him with possession of a stolen motor vehicle, burglary of a vehicle, and carrying a concealed weapon. At that time the parties informed the court that they had entered into a plea bargain. Under the terms of the bargain, Kluttz had agreed to plead guilty to possession of a stolen motor…