(DOWNLOAD) "State Utah v. Douglas Edward Kay" by Supreme Court Of Utah * Book PDF Kindle ePub Free
eBook details
- Title: State Utah v. Douglas Edward Kay
- Author : Supreme Court Of Utah
- Release Date : January 07, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 78 KB
Description
Defendant Douglas Kay appeals from the trial courts refusal to adhere to the terms of a plea bargain. He pleaded guilty to three counts of capital homicide in exchange for a promise that he would be sentenced to life imprisonment rather than death. The trial court accepted the pleas without objection from the State. Two weeks later, following a change in the States position, the court ruled that it was not bound by the agreement to impose life imprisonment. The court gave Kay the option of being sentenced, with the possibility of receiving the death sentence, or withdrawing his guilty pleas. Kay took an interlocutory appeal and seeks specific enforcement of the plea bargain. He alleges not only that principles of double jeopardy preclude the court from setting the pleas aside and forcing him to begin the process anew, but also that the trial courts actions violated his constitutional right to due process. For reasons unique to the facts of this case, we find no constitutional infirmity in the trial courts setting aside the condition of the pleas. The case therefore is remanded. Kay may withdraw his pleas of guilty or he may proceed to sentencing.
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