(DOWNLOAD) "Farrar v. State" by Supreme Court of Appeals of West Virginia * eBook PDF Kindle ePub Free
eBook details
- Title: Farrar v. State
- Author : Supreme Court of Appeals of West Virginia
- Release Date : January 05, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
On March 12, 1971, plaintiff in error, Tommy Farrar, hereinafter referred to as defendant, was charged with burglary, contrary to sec. 943.10, Stats. On March 15, 1971, the defendant waived his right to a preliminary hearing and entered a plea of guilty to the charge of burglary. The trial court entered a finding of guilty. The district attorney, as he had agreed with defendants attorney he would do, recommended a sentence of not more than one year in a state penal institution. Before imposing the sentence, the trial court ordered a presentence investigation. There was no objection to a presentence being ordered. The presentence report recommended a prison sentence of two years. A copy of the presentence report was furnished defendants counsel four or five days before sentencing. After sentence was imposed, defense counsel moved to withdraw the plea of guilty on the ground of manifest inJustice. The motion was denied, but was revived by a motion for post-conviction relief. On the question of whether the recommendation of a two-year sentence in the presentence report was a violation of the "plea bargain" in this case, the trial court found: the defendant did receive the sentence recommendation from the district attorney that he had "bargained" for; the parole officer in this case did not participate in the "plea bargain;" and, the defendant waived his right to challenge the presentence report and recommendation since he had been informed of their contents well before sentencing but, as a deliberate trial tactic, chose not to seek a withdrawal of guilty plea until after sentencing. The post-conviction motions were denied. Writ of error by defendant challenged such order of denial, the judgment of conviction, and the sentence.