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Criminal Procedure Keyed to Allen
Bordenkircher v. Hayes
Citation:
434 U.S. 357 (1978)Facts
Respondent was indicted on a charge of using forged money. During the plea negotiations the prosecutor offered to recommend a sentence of five years in prison if respondent plead guilty to the indictment. He said if respondent did not plead guilty, he would rseek an indictment under Kentucky’s Habitual Criminal Act, which would subject respondent to a longer imprisonment due to his prior felony convictions. Respondent chose not to plead guilty, and the prosecutor did obtain an indictment charging him under the act with the longer sentence.
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