Torres-Mejia (Victor) v. State
Torres-Mejia (Victor) v. State
Opinion
expeditiousness in the face of a justifiable request for delay' violates the right to the assistance of counsel." Morris v. Slappy, 461 U.S. 1, 11-12 (1983) (quoting Ungar v. Sarafite, 376 U.S. 575, 589 (1964)).
Here, Torres-Mejia informed the district court a week before trial that he had retained private counsel who would not be available to represent him on the scheduled trial date. The district court briefly discussed the possibility of substitution and a continuance but, citing the lengthy delay that had already taken place and the fact that Torres-Mejia had already been represented by three different attorneys, refused to continue the trial. The record supports the district court's decision, as the trial had been continued on multiple occasions at the defense's request and Torres-Mejia had ample time to retain private counsel during the 17- month period between the date he was charged and the date of trial." Further, we conclude that the district court's inquiry was adequate under the circumstances, see Patterson, 129 Nev., Adv. Op. 17, 298 P.3d at 438- 39, and the district court did not abuse its discretion in this regard, see Morris, 461 U.S. at 11-12.
Torres-Mejia also argues that he was forced to enter into a guilty plea based on the deprivation of his right to counsel of choice and that the district court should have allowed him to withdraw his guilty plea on this basis. Because we conclude that Torres-Mejia was not deprived of
'The district court had informed Torres-Mejia months earlier, after he expressed dissatisfaction with appointed counsel, that he could retain private counsel at his own expense, but he did not do so until shortly before trial.
SUPREME COURT OF NEVADA (CO 1947A his Sixth Amendment right to counsel of choice, Torres-Mejia's challenge to the validity of his guilty plea necessarily fails. Accordingly, we ORDER the judgment of conviction AFFIRMED.
J.
cc: Hon. Michael Villani, District Judge Wright Stanish & Winckler Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk
SUPREME COURT OF NEVADA 1947A 9e4/9
Case-law data current through December 31, 2025. Source: CourtListener bulk data.