The lewdness case against Ricardo Ventura Echeverria has been remanded to a new Washoe County judge for resentencing after prosecutors violated the plea agreement.
Echeverria pleaded guilty to lewdness with a child younger than 14 in a deal that recommended he serve probation instead of prison time if doctors agreed he was not a danger to society. The examining doctor concluded he was not a danger or menace as long as he was sober.
Prosecutors argued at sentencing the condition of sobriety meant Echeverria should be ineligible for probation and sent to prison instead.
His lawyers argued prosecutors violated the plea agreement, but District Judge Brent Adams ordered a life sentence with possible parole after 10 years.
Supreme Court Justices Bob Rose and Cliff Young agreed the state had breached the plea-bargain agreement. They ruled Echeverria is entitled to a sentencing hearing before a different judge.
But Chief Justice Deborah Agosti dissented. She agreed the state's breach of the plea bargain was "substantial," but agreed with prosecutors that Echeverria didn't suffer prejudice because Adams said during the hearing that he was not influenced by that state argument.
Agosti said because Adams denied being prejudiced by the prosecution's arguments, the case shouldn't be reassigned to another judge.
Echeverria will get a new sentencing hearing before a different judge.
