Valencia (Ceasar) v. State ( 2013 )


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  •                 the charges against him and the consequences of his plea. Valencia claims
    that "he was incorrectly advised by both the district court and trial counsel
    that his plea in the instant matter would not affect his probation" in an
    unrelated case. Challenges to the validity of a no contest plea must
    generally be raised in the district court in the first instance by either filing
    a motion to withdraw the plea or commencing a post-conviction proceeding
    pursuant to NRS Chapter 34. See Bryant v. State, 
    102 Nev. 268
    , 272, 
    721 P.2d 364
    , 368 (1986), limited by Smith v. State, 
    110 Nev. 1009
    , 1010 n.1,
    
    879 P.2d 60
    , 61 n.1 (1994); see also O'Guinn v. State, 
    118 Nev. 849
    , 851-52,
    
    59 P.3d 488
    , 489-90 (2002). Valencia did not challenge the validity of his
    plea in the district court and we conclude that his claim is not appropriate
    for review on direct appeal. See O'Guinn, 118 Nev. at 851-52, 59 P.3d at
    489-90. Accordingly, we
    ORDER the judgment of conviction AFFIRMED.
    J.
    Hardesty
    POAA
    Parraguirre
    J.
    cc:   Hon. Michael Villani, District Judge
    Nguyen & Lay
    Clark County Public Defender
    Attorney General/Carson City
    Clark County District Attorney
    Eighth District Court Clerk
    SUPREME COURT
    OF
    NEVADA
    2
    (0) 1947A <
    

Document Info

Docket Number: 62817

Filed Date: 10/16/2013

Precedential Status: Non-Precedential

Modified Date: 10/30/2014