Valencia, Jr. (Jose) v. State

from appellant's knowing acquiescence in existing conditions, 2 and the State may suffer prejudice from the delay. See Hart v. State, 116 Nev. 558, 563-64, 1 P.3d 969, 972 (2000). Therefore, the district court did not err in denying the motion to withdraw a guilty plea. Accordingly, we ORDER the judgment of the district court AFFIRMED.

Hardesty ek 3+‘ Parragui cc: Thomas L. Stockard, District Judge

Robert E. Estes, Senior Judge

Jose Luis Valencia, Jr.

Attorney General/Carson City

Churchill County District Attorney

Churchill County Clerk

2 Appellant previously filed a motion to withdraw his guilty plea in 2009. Valencia v. State, Docket No. 55317 (Order of Affirmance, May 7, 2010). He failed to demonstrate why the claims raised in his current motion could not have been raised in his previous motion.

SUPREME COURT

OF

NEVADA (0) 1947A