Hatcher (Terrence) v. State C/W 64225 ( 2014 )


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  •                 STIPULATE to treatment as a LARGE HABITUAL CRIMINAL pursuant
    to NRS 207.010." 1 As a result of counsel's deficient performance, Hatcher
    claims that his plea was not entered knowingly, voluntarily, or
    intelligently. We disagree. 2
    "District courts may grant a motion to withdraw a guilty plea
    prior to sentencing for any substantial, fair, and just reason." Crawford v.
    State, 
    117 Nev. 718
    , 721, 
    30 P.3d 1123
    , 1125 (2001); see NRS 176.165.
    Here, the district court conducted a hearing, heard argument from
    Hatcher's counsel, and denied the motion. The district court stated
    "Where was no indication" that Hatcher "was out of it from any kind of
    medication" during his arraignment and plea canvass. The district court
    also found that the terms of the plea agreement, including specifically the
    provision detailing the stipulation in question, were "explained to him at
    length." Our review of the record reveals that Hatcher 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 demonstrate
    that counsel's performance was deficient, see Strickland v. Washington,
    
    466 U.S. 668
    , 687-88 (1984); see also Missouri v. Frye, 566 U.S. ,
    
    132 S. Ct. 1399
    , 1405-06 (2012); Lafler v. Cooper, 566 U.S.     ,     132 S.
    'At his sentencing hearing, Hatcher was adjudicated as a small
    habitual criminal and ordered to serve a prison term of 72-240 months.
    2 Hatcher   also claims that his plea was invalid because "counsel
    failed to file essential motions or filed motions late." Hatcher, however,
    offers no argument or citation to any legal authority in support of this
    claim; therefore, we need not address it. See Maresca v. State, 
    103 Nev. 669
    , 673, 
    748 P.2d 3
    , 6 (1987) ("It is appellant's responsibility to present
    relevant authority and cogent argument; issues not so presented need not
    be addressed by this court.").
    SUPREME COURT
    OF
    NEVADA
    2
    (0) 1947A
    Ct. 1376, 1384 (2012). Therefore, because Hatcher failed to 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 his motion, Johnson v. State, 
    123 Nev. 139
    , 144, 
    159 P.3d 1096
    , 1098 (2007). Accordingly, we
    ORDER the judgment of conviction AFFIRMED.
    Pickering
    Parragnirre
    J.
    Saitta
    cc: Hon. Carolyn Ellsworth, District Judge
    Creed & Giles, Ltd.
    Attorney General/Carson City
    Clark County District Attorney
    Eighth District Court Clerk
    SUPREME COURT
    OF
    NEVADA
    3
    (01 1947A ctlegjo
    

Document Info

Docket Number: 64224

Filed Date: 4/10/2014

Precedential Status: Non-Precedential

Modified Date: 10/30/2014