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101 Nev. 760

710 P.2d 83

Aswegan v. State

Nevada Supreme Court

Decided December 12, 1985

Nevada Supreme Court · decided 1985-12-12

Key passage — most relied on by later courts

“Whether or not probation is available is critical to the defendant's understanding of the consequences of his guilty plea. Therefore, when an offense is not probational, the district judge has a duty to insure that the record discloses that the defendant is aware of that fact.”

quoted by 1 later decision, including Riker v. State

Applies NV 176 § 176.165

Relies on Meyer v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1985-12-12

How this case has been cited

Cited by 12 later decisions — most recently June 2014

2 federal appellate · 10 state decisions

601985199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1 OPINION

Per Curiam:

¶2 This is an appeal from an order of the district court denying appellant’s petition for post-conviction relief. Pursuant to a plea bargain, appellant pleaded guilty to four counts of sexual assault. Appellant argues that his guilty plea was not entered voluntarily and intelligently because he was not informed, on the record, that probation is not available to one convicted of sexual assault. Our review of the record supports this contention. Accordingly, we reverse.

¶3 In Meyer v. State, 95 Nev. 885, 603 P.2d 1066 (1979), a case factually indistinguishable from the instant case, we held that a district court’s acceptance of a guilty plea was fatally defective because the record did not indicate that the defendant in that case had been informed that probation was not available to one convicted of sexual assault. In so holding, we stated: “Whether or *761 not probation is available is critical to the defendant’s understanding of the consequences of his guilty plea. Therefore, when an offense is not probational [sic], the district judge has a duty to insure that the record discloses that the defendant is aware of that fact.” Id. at 887, 603 P.2d at 1067.

¶4 The manifest injustice created by. the district court’s failure to inform appellant that probation was not a possibility in his case may be corrected by setting aside the conviction and allowing appellant to withdraw his guilty plea. See NRS 176.165. Accordingly, the order of the district court denying appellant’s petition for post-conviction relief is reversed and the case is remanded to the district court for further proceedings. In light of this disposition, we need not consider appellant’s remaining contentions.

¶5 Reversed and remanded.

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