Gonzalez (Melvin) v. State ( 2014 )

 Second, appellant claims that he should have been convicted of
category C felonies pursuant to NRS 200.575(3) instead of category B
felonies pursuant to NRS 200.575(2) because he committed his stalking
crimes by sending text messages. However, the record does not
demonstrate that appellant raised this claim below and he cannot show
plain error because there was no error: the guilty plea agreement and plea
canvass transcript plainly demonstrate that he pleaded guilty to three
counts of aggravated stalking. See Maestas, 128 Nev. at , 275 P.3d at
89 (reviewing unpreserved errors for plain error); see generally Webb v.
State, 91 Nev. 469, 470, 538 P.2d 164, 165 (1975) (the entry of a guilty plea
generally waives any right to appeal from events occurring prior to the
entry of the guilty plea).
Third, appellant claims that the district court lacked subject
matter jurisdiction over his case because NRS 200.275 does not specify
"whether the situs of the crime is [the] county from which the threat is
sent, or that in which it is received" and the court's jurisdiction was not
established during the plea canvass. Even assuming, without deciding,
that proof of the situs of the crime implicates the district court's subject
matter jurisdiction and therefore is not subject to waiver by the entry of
the guilty plea, see Colwell v. State, 118 Nev. 807, 812, 59 P.3d 463, 467
(2002) (subject matter jurisdiction is not subject to waiver), the charging
document states that all three crimes occurred in Humboldt County,
appellant admitted to committing the crimes as set forth in the charging
document, and NRS 200.581 provides that "aggravated stalking shall be
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deemed to have been committed where the conduct occurred or where the
person who was affected by the conduct was located at the time that the
conduct occurred." Accordingly, appellant cannot demonstrate error in
this regard.
Having concluded that appellant is not entitled to relief, we
ORDER the judgment of conviction AFFIRMED.'
Hardesty
cc: Hon. Michael Montero, District Judge
Pershing County Public Defender
Attorney General/Carson City
Humboldt County District Attorney
Humboldt County Clerk
'The fast track response does not comply with the formatting
requirements of NRAP 3C(h)(1) and NRAP 32(a)(4) because it does not
have one-inch margins on all four sides and is not paginated. We caution
respondent's counsel that failure to comply with the applicable rules when
filing briefs in this court may result in the imposition of sanctions. See
NRAP 3C (n).
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