Sigler v. Director, Nevada Department of Prisons

Nevada Supreme Court

Sigler v. Director, Nevada Department of Prisons

626 P.2d 275, 97 Nev. 221, 1981 Nev. LEXIS 487

CourtNevada Supreme Court

DecidedApril 10, 1981

DocketNo. 13010

StatusPublished

This text of 626 P.2d 275 (Sigler v. Director, Nevada Department of Prisons) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Sigler v. Director, Nevada Department of Prisons, 626 P.2d 275, 97 Nev. 221, 1981 Nev. LEXIS 487 (Neb. 1981).

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Opinion

[222]*222OPINION

Per Curiam:

Sigler was convicted of grand larceny pursuant to a guilty plea. He sought a writ of habeas corpus in the district court, contending that his plea was not voluntary. The district court denied relief on the authority of Wynn v. State, 96 Nev. 673, 615 P.2d 946 (1980). Sigler appeals.

The transcript of the canvass on the taking of the guilty plea does not demonstrate that the elements of the offense he pleaded guilty to were known to Sigler, or that he made factual admissions to the court which constitute the elements of the crime charged. Hanley v. State, 97 Nev. 130, 624 P.2d 1387 (1981). Accordingly, we are constrained to reverse the judgment of the district court and remand the case with directions to issue a writ of habeas corpus, without prejudice to the state’s right to prosecute appellant again. See Austin v. State, 87 Nev. 578, 491 P.2d 724 (1971); Walker v. Fogliani, 83 Nev. 154, 425 P.2d 794 (1967).

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[222]*222OPINION

Per Curiam:

Sigler was convicted of grand larceny pursuant to a guilty plea. He sought a writ of habeas corpus in the district court, contending that his plea was not voluntary. The district court denied relief on the authority of Wynn v. State, 96 Nev. 673, 615 P.2d 946 (1980). Sigler appeals.

The transcript of the canvass on the taking of the guilty plea does not demonstrate that the elements of the offense he pleaded guilty to were known to Sigler, or that he made factual admissions to the court which constitute the elements of the crime charged. Hanley v. State, 97 Nev. 130, 624 P.2d 1387 (1981). Accordingly, we are constrained to reverse the judgment of the district court and remand the case with directions to issue a writ of habeas corpus, without prejudice to the state’s right to prosecute appellant again. See Austin v. State, 87 Nev. 578, 491 P.2d 724 (1971); Walker v. Fogliani, 83 Nev. 154, 425 P.2d 794 (1967).

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626 P.2d 275, 97 Nev. 221, 1981 Nev. LEXIS 487, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sigler-v-director-nevada-department-of-prisons-nev-1981.

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