DocketNumber: 64781
Filed Date: 7/22/2014
Status: Non-Precedential
Modified Date: 10/30/2014
According to the guilty plea memorandum, Duran-Robles "reserve RI] the right to challenge the validity of the prior judgment of conviction which gives rise to this offense." On appeal, Duran-Robles contends that the district court erred by denying his motion to dismiss the criminal information. We disagree. The district court conducted a hearing and found that there was no evidence that Duran-Robles' prior conviction was constitutionally infirm; the documents submitted by the State, "taken as a whole, demonstrate that the [prior] conviction was a felony conviction;" and Duran-Robles "has not rebutted this presumption, nor has he met his burden of proving that his prior conviction was unconstitutional." See Dressler v. State,107 Nev. 686
, 697-98,819 P.2d 1288
, 1295-96 (1991); see also Davenport v. State,112 Nev. 475
, 477-78,915 P.2d 878
, 880 (1996). We also note that any challenge to the sufficiency of the evidence was waived by the entry of Duran-Robles' guilty plea. See Webb v. State,91 Nev. 469
, 470,538 P.2d 164
, 165 (1975). We conclude that the district court did not abuse its discretion by denying Duran-Robles' motion to dismiss. See Hill v. State,124 Nev. 546
, 550,188 P.3d 51
, 54 (2008) (we review a district court's denial of a motion to dismiss for an abuse of discretion). Accordingly, we ORDER the judgment of conviction AFFIRMED. SUPREME COURT OF NEVADA 2 (0) 1947A 4(.749 cc: Hon. Elliott A. Sattler, District Judge Washoe County Public Defender Attorney General/Carson City Washoe County District Attorney Washoe District Court Clerk SUPREME COURT OF NEVADA 3 (0) 1947A