State v. Nardone

The facts in this case are set forth in Nardone v. Mullen, 113 R. I. 415, 322 A.2d 27 (1974), and need not be repeated here. In that case we held that the defendant’s plea of nolo contendere, once accepted, was the same as a plea of guilty and jeopardy attached. We did not, however, decide whether the Superior Court was foreclosed by double jeopardy or other principles from vacating the deferred sentence imposed upon the defendant in reliance on his misrepresentations to the trial justice that he “[had] not been before a court and [had] no record of conviction,” and then imposing a more…