(DOWNLOAD) "State Idaho v. Jim Nolan Cleverly" by Supreme Court of Idaho No. 13008 ~ Book PDF Kindle ePub Free
eBook details
- Title: State Idaho v. Jim Nolan Cleverly
- Author : Supreme Court of Idaho No. 13008
- Release Date : January 22, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
This is an appeal from a conviction of a second degree murder and the imposition of a sixteen year sentence. We affirm. Defendant-appellant Cleverly physically disciplined a three year old boy so severely that the child died. Pursuant to a plea bargain stipulation, of which the court was advised, Cleverly entered a plea of guilty in exchange for a recommendation by the prosecutor to the court for a sentence not to exceed sixteen years and, a promise that if the court adJudged a longer sentence, an opportunity to withdraw his plea. After the court's explanation that it retained sole control over sentencing, it accepted his plea and assured Cleverly that he would be allowed to withdraw his guilty plea if the sentence exceeded the plea bargain. Later at the sentencing hearing, the court sentenced Cleverly to twenty years and provided him two weeks in which to withdraw his plea. Such a motion was made. At the hearing to withdraw his plea, the prosecution and defense attorneys made a joint motion to modify the sentence. The court granted the motion reducing the sentence from twenty to sixteen years.
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