Stafford v. the State of Nevada

Summary

For the first time, the Nevada Supreme Court held that a failure-to-appear clause in a guilty plea agreement may not be enforced against a defendant who remains in custody, because the clause's purpose of preventing out-of-custody defendants from absconding is not served and the State retains ultimate control over an in-custody defendant's appearance. Because Johnny Stafford was in the State's custody when he missed a continued sentencing hearing, the district court erred in releasing the State from its promises under the plea agreement. The Court vacated Stafford's sentence and remanded for resentencing before a new judge, with the State required to perform its promise to recommend gross misdemeanor treatment and 225 days' confinement. No separate opinions were filed.