In Re: Robert C., a Minor ( 2014 )


Menu:
  •                    those charges," id. at 846, 673 P.2d at 493-94. The holding in Rueben C.
    was dependent on the entry of the guilty plea, not whether the defendant
    had been sentenced, and appellant has not cited any authority supporting
    such a distinction. Whereas the entry of a guilty plea thereafter precludes
    a defendant from raising errors that occurred before entry of the plea,
    Webb v. State, 
    91 Nev. 469
    , 
    538 P.2d 164
     (1975), the entry of a guilty plea
    does not waive the right to appeal, see Franklin v. State, 
    110 Nev. 750
    , 
    877 P.2d 1058
     (1994) (identifying claims that may be raised on appeal from a
    judgment of conviction based on a guilty plea), overruled on other grounds
    by Thomas v. State, 
    115 Nev. 148
    , 
    979 P.2d 222
     (1999). Instead, a waiver
    of the right to appeal requires a knowing and voluntary waiver of that
    right. Cruzado v. State, 
    110 Nev. 745
    , 
    879 P.2d 1195
     (1994), overruled on
    other grounds by Lee v. State, 
    115 Nev. 207
    , 
    985 P.2d 164
     (1999). It
    therefore is of no moment that the guilty plea agreement included a
    waiver of the right to appeal that did not mention the challenge to the
    juvenile proceedings. Because the entry of the guilty plea in the adult
    criminal proceedings precludes a challenge to the juvenile proceedings
    that resulted in the filing of the adult criminal case, we grant the motion
    and
    ORDER this appeal DISMISSED.
    , J.
    Hardesty
    J.                             4
    Cherry
    SUPREME COURT
    OF
    NEVADA
    2
    (0) 1947A    eo
    51
    -           ESEIRA
    cc: Hon. William 0. Voy, District Judge, Family Court Division
    Clark County Public Defender
    Attorney General/Carson City
    Clark County District Attorney/Juvenile Division
    Eighth District Court Clerk
    SUPREME COURT
    OF
    NEVADA
    3
    (0) I94Th