Lilley (Eugene) v. State

he did not accept the plea it was likely that the State would seek a habitual criminal adjudication and, if convicted, he would likely be sentenced as a habitual criminal based on his prior criminal record. The court stated that it had reviewed the plea agreement and the transcripts of the bindover and plea canvass and there was nothing that indicated that Lilley felt threatened or coerced during the proceedings. The court denied the motion to withdraw the plea, finding that counsel had an obligation to inform Lilley of the potential consequences he faced if he did not accept the plea and informing Lilley of those consequences was not coercive. The totality of the circumstances supports the district court's determination that Lilley was not coerced into pleading guilty and we conclude that the district court did not abuse its discretion by denying the motion to withdraw the guilty plea. See id. at 721-22, 90 P.3d at 1125-26. Therefore, we

ORDER the judgment of conviction AFFIRMED.

Hardesty

Douglas - a Cherry kit J.

cc: Hon. Douglas W. Herndon, District Judge

Drummond & Nelson

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk

SUPREME COURT

OF

NEVADA (0) 1947A