Righetti v. Eighth Judicial District CourtAnnotate this Case
Petitioner was charged with murder under three theories. Petitioner pleaded guilty to murder but only to two of the three theories alleged. After the district court accepted the plea, problems arose because the State was not informed and did not understand that Petitioner was not pleading guilty to premeditated murder. The district court subsequently revoked its acceptance of the guilty plea and set the murder count for trial, concluding that it lacked authority to accept the guilty plea because it did not conform to the indictment, and the State had not consented to amending it. Petitioner sought a writ of prohibition or mandamus directing the district court to enforce his plea. The Supreme Court denied writ relief, holding that the guilty plea was defective, and therefore the district court appropriately set it aside.