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SULLIVAN v. STATE

No. 31991.

990 P.2d 1258 (1999)

Carl Otis SULLIVAN, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

December 13, 1999.

Attorney(s) appearing for the Case

Michael R. Specchio, Public Defender, and Cheryl Bond, Deputy Public Defender, Washoe County, for Appellant.

Frankie Sue Del Papa, Attorney General, Carson City; Richard A. Gammick, District Attorney, and Terrence P. McCarthy, Deputy District Attorney, Washoe County, for Respondent.

BEFORE THE COURT EN BANC.

OPINION

PER CURIAM.

The issue before this court is whether the state breaches an agreement to concur with the recommendation of the Division of Parole and Probation by advocating in favor of the recommendation.1 We conclude that the state may advocate in favor of a sentence that it has agreed to recommend as part of a plea agreement so long as the state does not explicitly or implicitly seek to persuade the sentencing...

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