Sentence overturned because prosecutor violated plea bargain

The Nevada Supreme Court on Monday ordered a new sentencing for James Lee Corell, who pleaded guilty to failing to register as a sex offender.

The Washoe District Attorney's Office agreed to probation in exchange for Corell's guilty plea.

But after hearing the prosecutor's statements about Corell's criminal history, Washoe District Judge Janet Berry ordered the defendant to serve 12 to 18 months in jail.

"When a prosecutor expressly recommends only the sentence agreed upon but, by his comments, implicitly seeks a higher penalty, the plea agreement is breached in spirit," the court ruled.

Justices Miriam Shearing, Myron Leavitt and Nancy Becker wrote that the District Attorney's Office observed that the defendant's criminal history was extensive, and that there was an outstanding criminal warrant for him from Texas.

"The prosecutor implied that a harsher sentence was appropriate," they wrote.

They ordered Corell to receive a new sentencing hearing before a different district judge, and "we further order the Washoe County District Attorney to specifically perform the plea-bargain agreement."

Finally, they ordered that whatever new sentence is imposed cannot exceed the existing one.