Barlow v. Director, Nevada Department of Prisons
Barlow v. Director, Nevada Department of Prisons
Opinion of the Court
OPINION
Appellant was convicted of one count of sexual assault pursuant to a guilty plea. He sought a writ of habeas corpus in the district court, contending that the record did not show that the plea was made knowingly and voluntarily. The district court denied relief, and this appeal followed.
Respondent contends that we should nevertheless conclude that appellant understood the elements of the offense since he waived the reading of the information at his arraignment hearing, almost six months before the day he entered his guilty plea. We find this to be insufficient to meet the requirements set forth in Hanley. See Standen v. State, supra.
Accordingly, we hereby reverse the order of the district court. The plea of guilty is set aside, and the matter is remanded to the district court for further proceedings.
Reference
- Full Case Name
- BOYD CLAYBURN BARLOW v. DIRECTOR, NEVADA DEPARTMENT OF PRISONS
- Status
- Published