Opinion
No. 55391.
02-03-2011
Christopher John FLOYD, Appellant, v. The STATE of Nevada, Respondent.
Law Offices of C. Conrad Claus Attorney General/Carson City Nye County District Attorney/Pahrump
Law Offices of C. Conrad Claus
Attorney General/Carson City
Nye County District Attorney/Pahrump
ORDER VACATING JUDGMENT AND REMANDING
This is an appeal from a judgment of conviction, pursuant to a guilty plea, of attempted solicitation of a minor to engage in acts constituting a crime against nature and lewdness with a child under 14 years of age. Fifth Judicial District Court, Nye County; John P. Davis, Judge.
Given the lack of meeting of the minds with respect to the plea agreement, which was explicitly conceded by the State at oral argument, we conclude that the plea agreement is not valid. E.g., State v. Crockett, 110 Nev. 838, 842, 877 P.2d 1077, 1079 (1994) (providing that plea agreements are subject to contract principles). We therefore vacate the judgment of conviction and remand this case for further proceedings. We also reinstate the second amended information. Accordingly, we
ORDER the judgment of the district court VACATED AND REMAND this matter to the district court for proceedings consistent with this order.
In light of our resolution, we need not reach appellant's remaining contentions.