Bennett (Jason) v. State
Bennett (Jason) v. State
Opinion
After considering "the canvass and the circumstances," the district court concluded that there was no evidence which suggested counsel "in any way" coerced Bennett into entering a plea and the record otherwise demonstrated that the plea was knowingly and voluntarily entered. See Crawford, 117 Nev. at 721-22, 30 P.3d at 1125-26 ("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."). Our review of the record supports these determinations. See id. • at 722, 30 P.3d at 1126 ("A thorough plea canvass coupled with a detailed, consistent, written plea agreement supports a finding that the defendant entered the plea voluntarily, knowingly, and intelligently."). Moreover, Bennett failed to demonstrate that counsel was ineffective. See Hill v. Lockhart, 474 U.S. 52, 58-59 (1985) (a petitioner must demonstrate that counsel's performance was deficient and but for counsel's errors he would not have pleaded guilty and would have insisted on going to trial); Kirksey v. State, 112 Nev. 980, 988, 923 P.2d 1102, 1107 (1996). Accordingly, we conclude that the district court did not abuse its discretion by denying Bennett's motion, and we ORDER the judgment of conviction AFFIRMED.
Hardesty
J.
SUPREME COURT OF NEVADA (0) 1947A 454M444 cc: Hon. Kathleen E. Delaney, District Judge Monique A. McNeill Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk
SUPREME COURT OF NEVADA (0) 1947A
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