Perreira (Nathan) v. State C/W 61575 ( 2013 )


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  •                 (2) his competency was not evaluated prior to the entry of his pleas. We
    disagree with Perreira's contention.
    "This court will not reverse a district court's determination
    concerning the validity of a plea absent a clear abuse of discretion."
    Johnson v. State, 
    123 Nev. 139
    , 144, 
    159 P.3d 1096
    , 1098 (2007). Perriera
    failed to either provide a       substantial reason which required the
    withdrawal of his guilty pleas, see Woods v. State, 
    114 Nev. 468
    , 475, 
    958 P.2d 91
    , 95 (1998), or satisfy his burden and prove that his pleas were
    invalid, see Molina v. State, 
    120 Nev. 185
    , 190, 
    87 P.3d 533
    , 537 (2004).
    We also note that Perreira did, in fact, receive the sentence the parties
    agreed to recommend pursuant to the written plea agreement: he was
    adjudicated as a "small" habitual criminal pursuant to NRS 207.010(1)(a)
    and sentenced to serve two concurrent prison terms of 60-150 months. We
    conclude that the district courts did not abuse their discretion by denying
    Perreira's motions and he is not entitled to relief. Accordingly, we
    ORDER the judgmpitsipf conviction AFFIRMED. 2
    J.
    Douglas                                    Saitta
    2Although  we filed Perreira's fast track statement, it fails to comply
    with the Nevada Rules of Appellate Procedure. The brief does not contain
    margins in compliance with NRAP 3C(h)(1) and NRAP 32(a)(4). Counsel
    for Perreira is cautioned that the failure to comply with the briefing
    requirements in the future may result in the imposition of sanctions. See
    NRAP 3C(n).
    SUPREME COURT
    OF
    NEVADA
    (0) 1947A
    2
    cc: Chief Judge, The Eighth Judicial District Court
    Lee A. Gates, Senior Judge
    Jerome T. Tao, District Judge
    Patti, Sgro & Lewis
    Attorney General/Carson City
    Clark County District Attorney
    Eighth District Court Clerk
    SUPREME COURT
    OF
    NEVADA
    3
    (0) 1947A
    

Document Info

Docket Number: 61574

Filed Date: 5/15/2013

Precedential Status: Non-Precedential

Modified Date: 10/30/2014