years to life in prison as stipulated by the parties in the plea agreement, and a judgment of conviction was filed on June 4, 2010. Appellant filed a direct appeal from that judgment of conviction.

On direct appeal, this court concluded that the district court had abused its discretion in denying appellant's motion to substitute counsel; thus, this court remanded the matter for the district court to conduct further proceedings. See Jordan, Jr. v. State, Docket No. 56181 (Order of Remand, March 17, 2011). On remand, the district court appointed new counsel, who filed a motion to withdraw the guilty plea.

Alter conducting an evidentiary hearing, the district court entered an order denying the motion to withdraw the guilty plea. Appellant's appeal from the order was dismissed. See Jordan, Jr. v. State, Docket No. 59453 (Order Dismissing Appeal, January 12, 2012). The district court did not enter a new judgment of conviction.

We conclude that the post-conviction petition was filed prematurely, as there is no valid judgment of conviction in this case. The effect of the Order of Remand on direct appeal was to vacate the original judgment of conviction and place appellant back in a position where he could file a presentence motion to withdraw his guilty plea. Because this court vacated the sentence in the original judgment of conviction and no independent appeal lies from the denial of a presentence motion to withdraw a guilty plea, the district court should have entered a new judgment of conviction after denying appellant's motion to withdraw a guilty plea. Therefore, we vacate the order denying the post-conviction petition for a writ of habeas corpus and we direct the district court to enter

SUPREME COURT OF NEVADA (01 1947A me a new judgment of conviction in this case, which will start anew the time for filing an appeal from the judgment of conviction. Accordingly, we ORDER the judgment of the district court REVERSED AND REMAND this matter to the district court for proceedings consistent with this order.

Ao„esasan J.

Hardesty

Douglas

cc: Hon. Douglas Smith, District Judge Michael H. Schwarz Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA (0) 1947A