Gamache (Cameron) v. State ( 2013 )

 examination reports were prepared in this case, there is nothing in the
record indicating that SANE examinations were performed on the victims
and the victims testified at the preliminary hearing that they were never
examined by a doctor. But even if such reports exist, we disagree with
appellant's contention that they were exculpatory. See State v. Huebler,
128 Nev. 275 P.3d 91, 98 (2012) (concluding that a defendant may
challenge the validity of a guilty plea on the ground that the prosecutor
failed to disclose exculpatory information before entry of the plea), cert.
denied, 568 U.S. , 133 S. Ct. 988 (2013). Appellant argues the reports
"may have contradicted the notion that actual intercourse had taken place
between [him] and the two child victims" and that "a lack of findings
and/or an intact hymen would have been exculpatory." As he pleaded
guilty to attempted sexual assault and lewdness, see NRS 193.330
(defining attempt); NRS 200.366(1) (defining sexual assault); NRS 201.230
(defining lewdness with a child under 14 years of age), the findings he
proposes would not necessarily have exculpated him of the offenses.
Further, we are not convinced that appellant's purported inability to
contact his family is a substantial reason justifying withdrawal of his
guilty plea. Accordingly, we
ORDER the judgment of conviction AFFIRMED.
/ , J.
Hardesty
Parraguirre Cherry
SUPREME COURT
OF
NEVADA
2
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cc: Hon. Kathleen E. Delaney, District Judge
Law Office of Betsy Allen
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
SUPREME COURT
OF
NEVADA
3
(0) 1947A