McGee v. State ( 2014 )


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  •                  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
    2
    (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
    3
    (0) I947A
    

Document Info

Docket Number: 65745

Filed Date: 10/16/2014

Precedential Status: Non-Precedential

Modified Date: 10/30/2014