McGee v. State

his plea canvass, noted that McGee stated that he felt "clear-headed" and was properly medicated at the time, and recalled that "we proceeded to talk about your case and your constitutional rights." The district court stated that it accepted McGee's guilty plea after he answered in the affirmative to the question of whether he was pleading guilty because he was, in fact, guilty of the charged offense. At that point, the district court announced, "And so today is the date and time set for sentencing in this matter, And I'm prepared to go forward with the sentencing." We conclude that the district court's announcement amounts to a denial of the oral motion. McGee offers no relevant authority to support his claim that the district court was obligated to explore his request "more fully." Our review of the record reveals that McGee failed to either provide a substantial, fair, and just reason which required the withdrawal of his plea, see Crawford, 117 Nev. at 721, 30 P.3d at 1125, or satisfy his burden and prove that his plea was invalid, see Molina v. State, 120 Nev. 185, 190, 87 P.3d 533,537 (2004). We conclude that the district court did not abuse its discretion by denying McGee's motion, see Johnson v. State, 123 Nev. 139, 144, 159 P.3d 1096, 1098 (2007), and we ORDER the judgment of conviction AFFIRMED.

J. Pickering

\ jt.A. GL—C , J. Parraguirre

J. Saitta

SUPREME COURT

OF

NEVADA (0) 1947A e cc: Hon. Lidia Stiglich, District Judge

Washoe County Public Defender

Attorney General/Carson City

Washoe County District Attorney

Washoe District Court Clerk

SUPREME COURT

OF

NEVADA (0) I947A