Fine v. Warden, Nevada State Prison
| Decision Date | 19 April 1974 |
| Docket Number | No. 7122,7122 |
| Parties | Eddie John FINE, Appellant, v. WARDEN, NEVADA STATE PRISON, Respondent. |
| Court | Nevada Supreme Court |
Rodlin Goff, State Public Defender, Carson City, for appellant.
Robert List, Atty. Gen., Carson City, Robert C. Manley, Dist. Atty. and Gregory D. Corn, Deputy Dist. Atty., Elko, for respondent.
Eddie John Fine was charged by information with the crime of burglary. Upon his plea of nolo contendere, the district judge found him guilty of the offense. Fine was sentenced to serve 6 years in the Nevada State Prison. He has now filed a petition for post-conviction relief, claiming inter alia that his plea was predicated on 'the representation of the prosecuting authorities that he would not be sentenced to prison but would be placed on probation; . . .' The district judge who presided at Fine's arraignment and sentencing summarily denied Fine's petition without affording him an evidentiary hearing. 1 Schoultz v. Hocker, 469 F.2d 681 (9th Cir. 1972), is controlling in the instant case. Schoultz, who was a Nevada State prisoner, filed, after exhausting his state remedies, a habeas petition in the United States District Court for the District of Nevada. The habeas petition was denied without an evidentiary hearing. One of Schoultz's contentions, as is Fine's, was that 'he was induced to plead guilty in the state court because the prosecuting attorney made the promise that . . . he would be sentenced to a period of confinement not exceeding five to seven years.' Schoultz was sentenced to 10 years. In reversing and remanding the case, the Ninth Circuit held:
2
We therefore, in following the ruling of Schoultz, reverse the order of the district judge and remand the case for an evidentiary hearing to determine the...
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Sturrock v. State
...appellant of the adverse consequences of the aborted plea bargain. See Schoultz v. Hocker, 469 F.2d 681 (9th Cir. 1972); Fine v. Warden, 90 Nev. 166, 521 P.2d 374 (1974); Riley v. Warden, 89 Nev. 510, 515 P.2d 1269 (1973). The court was thus obligated to inform appellant of his right to a p......
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Hagenios v. Warden, Nevada State Prison
...evidentiary hearing on such issue, unless the record repels such allegations. Machibroda v. United States, cited above; Fine v. Warden, 90 Nev. 166, 521 P.2d 374 (1974); Schoultz v. Warden, cited above. Here, the record does not do so. Indeed, the scant record before us indicates the transc......
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Gamble v. State, 11652
...681 (9th Cir. 1972), that an evidentiary hearing is required to determine whether a promise was made to the defendant. Fine v. Warden, 90 Nev. 166, 521 P.2d 374 (1974). Similarly, when the prosecution contends that it should be released from its obligations under a plea bargain because of a......
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Whitman v. Warden, Nevada State Prisons, 7572
...his plea had been involuntarily entered becuase he was threatened with an habitual criminal charge. This court held in Fine v. Warden, 90 Nev. 166, 521 P.2d 374 (1974), that there is a right to an evidentiary hearing when seeking postconviction relief as to the issue of whether or not an al......