Parker v. State, 14514
| Decision Date | 25 April 1984 |
| Docket Number | No. 14514,14514 |
| Citation | 100 Nev. 264,679 P.2d 1271 |
| Parties | Victor Reginald PARKER, Appellant, v. The STATE of Nevada, Respondent. |
| Court | Nevada Supreme Court |
Appellant was charged by indictment with seven counts of extortion and one count of coercion with use of a deadly weapon. Pursuant to a plea bargain, he entered guilty pleas to two counts of extortion in exchange for dismissal of the remaining charges. The maximum sentence appellant faced on the two extortion counts was twenty years.
Prior to sentencing, appellant's trial attorney filed motions to withdraw as counsel and to withdraw the guilty pleas. 1 Judge Joseph S. Pavlikowski granted both motions and ordered the guilty pleas withdrawn and the original indictment reinstated in full, notwithstanding appellant's express indication that he did not wish to withdraw his pleas. Judge Pavlikowski subsequently denied a motion for reconsideration filed by substitute counsel, which clarified appellant's position that despite the motions his prior attorney filed, he did not want his guilty pleas withdrawn. Appellant then proceeded to trial on all charges. He was convicted of six of the extortion counts and the coercion charge, and sentenced to sixty-one years in prison.
Appellant now contends that the district court erred by ordering the withdrawal of the guilty pleas over appellant's express opposition to the motion to withdraw. We agree.
Entry of a guilty plea is a solemn process. We have repeatedly emphasized, as has the United States Supreme Court, that the decision to enter a plea of guilty is personal to the accused, not his or her attorney. See e.g., Henderson v. Morgan, 426 U.S. 637, 647, 96 S.Ct. 2253, 2259, 49 L.Ed.2d 108 (1976) (concurring opinion of White, Stewart, Blackmun and Powell, JJ.); Hanley v. State, 97 Nev. 130, 624 P.2d 1387 (1981); see also Croft v. State, 99 Nev. 502, 665 P.2d 248 (1983). The entry of a plea of guilty must be accompanied by affirmative showings, on the record, of the accused's personal waiver of constitutional rights and personal understanding of the nature of the offense and the consequences of the plea; representations by defense counsel do not suffice. See Croft v. State, supra; Hanley v. State, supra.
Like the decision to enter a plea of guilty, the decision to seek withdrawal of the plea and proceed to trial is personal to the accused. The decision of how to plead in a criminal case is a fundamental one reserved ultimately to the defendant alone. Given the requirement of the defendant's personal involvement in the entry of a guilty plea, it would be unsound policy to permit withdrawal of a guilty plea without an affirmative indication that the defendant personally wishes the plea withdrawn. We therefore conclude that a district court may not order a guilty plea withdrawn without an affirmative indication, by affidavit or in open court, that the accused,...
To continue reading
Request your trial
-
Hazelwood v. Howell
...decision of how to plead in a criminal case is a fundamental one reserved ultimately to the defendant alone." Parker v. State, 100 Nev. 264, 265, 679 P.2d 1271, 1272 (1984); see also Robinson v. State, 110 Nev. 1137, 1138, 881 P.2d 667, 668 (1994) (once a child is certified as an adult, he ......
-
State v. Blackman (Ex parte Blackman)
...party pleading guilty may request to withdraw the plea. We agree with the Nevada Supreme Court, which stated in Parker v. State, 100 Nev. 264, [265,] 679 P.2d 1271, 1272 (1984) : ‘Like the decision to enter a plea of guilty, the decision to seek withdrawal of the plea and proceed to trial i......
-
Hazelwood v. State
...decision of how to plead in a criminal case is a fundamental one reserved ultimately to the defendant alone." Parker v. State, 100 Nev. 264, 265, 679 P.2d 1271, 1272 (1984); see also Robinson v. State, 110 Nev. 1137, 1138, 881 P.2d 667, 668 (1994) (once a child is certified as an adult, he ......
-
Lisle v. State
...challenge the adequacy of grand jury notice on appeal. We emphasize that such is not the law in Nevada. See Parker v. State, 100 Nev. 264, 266 n. 3, 679 P.2d 1271, 1273 n. 3 (1984). That is, an appellant's contention that he or she did not receive adequate Marcum notice will not be waived i......