in a guilty plea submission hearing, jeopardy does not attach “until the plea is unconditionally accepted” by the trial court.
How later courts described this case
- in a guilty plea submission hearing, jeopardy does not attach “until the plea is unconditionally accepted” by the trial court.
- “[J]eopardy does not attach at a hearing on a guilty plea until the plea is unconditionally accepted. . . . Until a final judgment is entered a court is free to reject the plea and plea agreement. . . . Rejection of one is rejection of the other.” [Citations omitted.]
- "jeopardy does not attach at a hearing on a guilty plea until the plea is unconditionally accepted.... Until a final judgment is entered a court is free to reject the plea and plea agreement. Rejection of one is rejection of the other."
- discussing Tennessee Rule of Criminal Procedure 11
Written by the judges who cited it.
The opinion
ON PETITION TO REHEAR
Michael Todd has filed a petition to rehear taking issue with this court’s statement that the defendant moved, on the day of trial, to have the district attorney general file the order signed by the trial judge reducing the charge against defendant to voluntary manslaughter. Defendant points out that counsel earlier had filed a written motion seeking this relief. It is true that counsel filed a written motion prior to trial, but counsel made no effort to have the court rule on the motion until the day of trial. Neither did counsel submit an order to the court granting the motion until after defendant’s notice of appeal had been filed. This was several months after trial and, consequently, the trial judge entered the order nunc pro tunc.
Defendant also takes issue with this court’s determination that the trial judge did not unconditionally accept defendant’s plea to the reduced charge of voluntary manslaughter. Out of deference to counsel, and in the interest of justice, we have again studied the record and briefs of the parties. We see no basis in the record for reversing our finding on this issue.
Appellant also has called the court’s attention to the fact that the Court of Criminal Appeals pretermitted two issues which the defendant deems to be important and asks for a remand to that court for a determination of the issues in the event this court found no 'merit in the primary issues raised by the petition to rehear. The defendant is entitled to this relief. Accordingly, the judgment of this court is modified to provide for remand of the case to the Court of Criminal Appeals for consideration of the pretermitted issues. The petition to rehear is in all other things denied. Costs of the petition to rehear are adjudged against petitioner.
FONES, C.J., and BROCK, HARBISON, and DROWOTA, JJ., concur.