Beebe (Jared) v. State

Nevada Supreme Court

Beebe (Jared) v. State

Opinion

The district court may grant a presentence motion to

withdraw a guilty plea for any substantial, fair, and just reason.

Crawford v. State, 117 Nev. 718, 721, 30 P.3d 1123, 1125 (2001). "To

determine whether the defendant advanced a substantial, fair, and just

reason to withdraw a plea, the district court must consider the totality of

the circumstances to determine whether the defendant entered the plea

voluntarily, knowingly, and intelligently." Id. at 721-22, 90 P.3d at 1125-

26. We review the district court's determination regarding the validity of

a plea for an abuse of discretion. Johnson v. State, 123 Nev. 139, 144, 159 P.3d 1096, 1098 (2007).

Here, the district court concluded that, considering the totality

of the circumstances, Beebe's guilty plea was voluntarily, knowingly, and

intelligently entered and there was no substantial reason to grant the

motion that was fair and just. We conclude that the district court did not

abuse its discretion by denying Beebe's motion to withdraw his guilty plea.

See Nollettte v. State, 118 Nev. 341, 344, 46 P.3d 87, 89 (2002) (defining

direct and collateral consequences of a guilty plea); Palmer v. State, 118 Nev. 823, 826, 59 P.3d 1192, 1194 (2002) ("A defendant's awareness of a

...continued connection with the entry of his plea. Beebe does not challenge that determination on appeal.

SUPREME COURT OF NEVADA 2 (0) 1947A collateral consequence is not a prerequisite to a valid plea and,

consequently, may not be the basis for vitiating it."); see also, e.g., Johnson

v. Puckett, 930 F.2d 445, 448 n.2 (5th Cir. 1991) (the availability of good

time credit is a collateral consequence of a guilty plea). Accordingly, we

ORDER the judgment of conviction AFFIRMED. 2

Gibbons

J. Douglas

cc: Hon. Nancy L. Porter, District Judge David D. Loreman Attorney General/Carson City Elko County District Attorney Elko County Clerk

2 Although we filed the briefs submitted by the parties, they fail to comply with NRAP 3C(h)(1) and NRAP 32(a)(4)-(5) because they are not double-spaced and the footnotes in the fast track statement are not in the same size typeface as the body of the brief. Counsel for the parties are cautioned that future failure to comply with the applicable rules may result in the imposition of sanctions. See NRAF' 3C(n).

SUPREME COURT OF NEVADA 3 (0) 1947A

Reference

Status
Unpublished