Lynch (Demario) v. State
Lynch (Demario) v. State
Opinion
guilty. 1 We agree. Lynch responded appropriately during the guilty plea canvass and indicated that he understood the nature of the charges against him, and neither counsel nor the district court expressed any doubt as to his competency at the time. Lynch did not claim that his Lake's Crossing evaluation, which found him to be incompetent in December 2009, demonstrated that he was incompetent in April 2009, when he pleaded guilty. Because nothing in the record indicated that Lynch was incompetent at the time he pleaded guilty, the district court did not abuse its discretion by denying his petition without conducting an evidentiary hearing. Id. at 1017, 103 P.3d at 35; see also Hargrove v. State, 100 Nev. 498, 503, 686 P.2d 222, 225 (1984) (a defendant is not entitled to an evidentiary hearing on allegations unsupported by specific facts). Accordingly, we ORDER the judgment gfitllp district court AFFIRMED.
Gibbons
J.
1 The State asserts that Lynch waived this claim by failing to pursue an appeal of the district court's order denying his motion to withdraw the guilty plea. We disagree because the issue raised in this matter was not the same as the issue raised in the presentence motion to withdraw the guilty plea.
2 7 cc: Hon. Stefany Miley, District Judge Cannon & Tannery Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk
SUPREME COURT OF NEVADA
3 (0) 1947A •7
Mfre.
Reference
- Status
- Unpublished