Vega-Reynoso (Jesus) v. State
Vega-Reynoso (Jesus) v. State
Opinion
A district court may grant a post-conviction motion to withdraw a guilty plea in order to "correct manifest injustice." NRS 176.165; see also Hill v. Lockhart, 474 U.S. 52, 59-60 (1985); Strickland v. Washington, 466 U.S. 668, 687 (1984); Rubio v. State, 124 Nev. 1032, 1039-40, 194 P.3d 1224, 1228-29 (2008). Here, the district court found that Vega-Reynoso was informed that his guilty plea and conviction "will likely have adverse effects" and "would likely result in deportation," and determined that Vega-Reynoso failed to demonstrate that he was entitled to the withdrawal of his guilty plea based on a manifest injustice. Most importantly, the district court found that Vega-Reynoso "has not presented any evidence, by affidavit or otherwise, that he was not aware of the consequences of his guilty plea on his immigration status." Additionally, the district court determined that Vega-Reynoso's delay in filing his motion, and the subsequent loss of evidence, "will prejudice the State, which is no longer in a position to prosecute Defendant." We conclude that Vega-Reynoso failed to demonstrate that his plea was invalid, see Rubio, 124 Nev. at 1039-40, 194 P.3d at 1228-29, and the district court did not abuse its discretion by denying his motion, see Bryant v. State, 102 Nev. 268, 272, 721 P.2d 364, 368 (1986). Accordingly, we ORDER the judgment of the district court AFFIRMED.
SUPREME COURT OF NEVADA (0) 1947A cc: Hon. Janet J. Berry, District Judge Ian E. Silverberg Attorney General/Carson City Washoe County District Attorney Washoe District Court Clerk
SUPREME COURT OF NEVADA (0) 1947A
Case-law data current through December 31, 2025. Source: CourtListener bulk data.