Buckner (Donald) v. State ( 2013 )


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  •                 Nev. 107, 110, 
    110 P.3d 486
    , 487 (2005) (internal quotation marks
    omitted). Here, pursuant to negotiations and as reflected in the plea
    agreement memoranda, the State sought "small" habitual criminal
    adjudication pursuant to NRS 207.010(1)(a). The plea agreement noted
    that "Wile State will be free to argue for an appropriate sentence." The
    State followed the terms of the agreement at the sentencing hearing by
    asking for habitual criminal adjudication pursuant to NRS 207.010(1)(a)
    and the imposition of a prison term within the statutory range. Nothing
    in the record indicates that the State was precluded from arguing in the
    manner Buckner suggests. Buckner concedes that he did not object to the
    alleged breach of the plea agreement, and we conclude that he fails to
    demonstrate plain error entitling him to relief. See Sullivan v. State, 
    115 Nev. 383
    , 387 n.3, 
    990 P.2d 1258
    , 1260 n.3 (1999) (we review an
    unobjected-to plea breach allegation for plain error). Accordingly, we
    ORDER the judgment of conviction AFFIRMED.
    J.
    cc: Hon. Brent T. Adams, District Judge
    Michael V. Roth
    Attorney General/Carson City
    Washoe County District Attorney
    Washoe District Court Clerk
    SUPREME COURT
    OF
    NEVADA
    (0) 1947A
    2
    

Document Info

Docket Number: 61595

Filed Date: 5/15/2013

Precedential Status: Non-Precedential

Modified Date: 10/30/2014