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 2013-09

Beebe (Jared) v. State ( 2013 )


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  •                             The district court may grant a presentence motion to
withdraw a guilty plea for any substantial, fair, and just reason.
Crawford v. State,
    117 Nev. 718
    , 721,
    30 P.3d 1123
    , 1125 (2001). "To
determine whether the defendant advanced a substantial, fair, and just
reason to withdraw a plea, the district court must consider the totality of
the circumstances to determine whether the defendant entered the plea
voluntarily, knowingly, and intelligently."
    Id. at 721-22
    , 90 P.3d at 1125-
26. We review the district court's determination regarding the validity of
a plea for an abuse of discretion. Johnson v. State,
    123 Nev. 139
    , 144,
    159 P.3d 1096
    , 1098 (2007).
Here, the district court concluded that, considering the totality
of the circumstances, Beebe's guilty plea was voluntarily, knowingly, and
intelligently entered and there was no substantial reason to grant the
motion that was fair and just. We conclude that the district court did not
abuse its discretion by denying Beebe's motion to withdraw his guilty plea.
See Nollettte v. State,
    118 Nev. 341
    , 344,
    46 P.3d 87
    , 89 (2002) (defining
direct and collateral consequences of a guilty plea); Palmer v. State,
    118 Nev. 823
    , 826,
    59 P.3d 1192
    , 1194 (2002) ("A defendant's awareness of a
...continued
connection with the entry of his plea. Beebe does not challenge that
determination on appeal.
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collateral consequence is not a prerequisite to a valid plea and,
consequently, may not be the basis for vitiating it."); see also, e.g., Johnson
v. Puckett,
    930 F.2d 445
    , 448 n.2 (5th Cir. 1991) (the availability of good
time credit is a collateral consequence of a guilty plea). Accordingly, we
ORDER the judgment of conviction AFFIRMED. 2
Gibbons
J.
Douglas
cc: Hon. Nancy L. Porter, District Judge
David D. Loreman
Attorney General/Carson City
Elko County District Attorney
Elko County Clerk
2 Although  we filed the briefs submitted by the parties, they fail to
comply with NRAP 3C(h)(1) and NRAP 32(a)(4)-(5) because they are not
double-spaced and the footnotes in the fast track statement are not in the
same size typeface as the body of the brief. Counsel for the parties are
cautioned that future failure to comply with the applicable rules may
result in the imposition of sanctions. See NRAF' 3C(n).
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