Garcia (Robin) v. State

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 conducted a hearing on the motion and heard arguments from counsel; however, as the district court noted, Garcia "called no witnesses and submitted no affidavits." Garcia was not present at the hearing due to his apparent deportation and his former defense counsel was not called to testify. As a result, the district court determined that Garcia "failed to meet his burden of showing that his defense counsel was ineffective" and denied the motion. We conclude that the district court did not abuse its discretion by denying Garcia's motion to withdraw his guilty plea, see Bryant v. State, 102 Nev. 268, 272, 721 P.2d 364, 368 (1986), and we ORDER the judgnyeritAf the district court AFFIRMED.

Gibbons

J. Saitta 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

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