Nevada Supreme Court, 2013

Castro (Ezequiel) v. State

Castro (Ezequiel) v. State
Nevada Supreme Court · Decided June 13, 2013

Castro (Ezequiel) v. State

Opinion

assuming that laches does not preclude consideration of appellant's motion on the merits, see Hart v. State, 116 Nev. 558, 563-65, 1 P.3d 969, 972 (2000) ("[C]onsideration of the equitable doctrine of laches is necessary in determining whether a defendant has shown 'manifest injustice' that would permit withdrawal of a plea after sentencing."), we conclude that he is not entitled to relief because his conviction became final prior to Padilla and he cannot benefit from its holding as Padilla does not apply retroactively. Chaidez v. United States, 568 U.S. „ 133 S. Ct. 1103, 1113 (2013). Accordingly, we conclude that the district court did not err by denying appellant's motion, and we ORDER the judgment of the district court AFFIRMED.

/ J.

Parrag-uirre

(VtA Cherry

cc: Chief Judge, The Eighth Judicial District C -Ourt Hon. J. Charles Thompson, Senior Judge Don P. Chairez Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA (0) 1947A

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