Jimenez (Francisco) v. State

 clearly erroneous but review the court's application of the law to those
facts de novo. Lader v. Warden, 121 Nev. 682, 686, 120 P.3d 1164, 1166
(2005).
The record reveals that Jimenez and several coconspirators
entered two convenience stores brandishing firearms, forced the customers
into the back, ordered them to lie down, and restrained them using "zip-
ties." The group robbed the stores and shot at an employee as they fled.
Based upon these acts, Jimenez was charged with one count of conspiracy
to commit robbery, two counts of burglary while in possession of a firearm,
three counts of robbery with the use of a deadly weapon, one count of first-
degree kidnapping, eleven counts of first-degree kidnapping with the use
of a deadly weapon, and one count of attempted murder with the use of a
deadly weapon. In exchange for the State's agreement to dismiss a
majority of the counts and deadly weapon enhancements, Jimenez agreed
to plead guilty to one count of conspiracy to commit robbery, two counts of
robbery with the use of a deadly weapon, two counts of first-degree
kidnapping, and one count of attempted murder. The parties stipulated
that only two of the counts would run consecutively; moreover, Jimenez
retained the right to argue for an eight-year minimum term and the State
retained the right to argue for a twenty-five-year maximum term.
The district court conducted an evidentiary hearing, wherein
Jimenez testified that counsel discussed the case with him and informed
him of possible defenses to the kidnapping charges, but advised him to
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plead guilty to reduce his exposure at sentencing. After considering the
record and the testimony presented at the evidentiary hearing, the district
court concluded that counsel was not ineffective. We agree. Jimenez fails
to demonstrate that there were insufficient facts to support the
kidnapping charges, and even assuming otherwise, he fails to demonstrate
that it was unreasonable •for counsel to advise him to plead guilty
pursuant to the agreement rather than proceed to trial against the
original charges. See Hill, 474 U.S. at 58-59. We conclude that the
district court did not err by denying this claim.
Second, Jimenez contends that counsel was ineffective for
failing to determine whether any witnesses were available to testify
against him, which rendered his plea invalid. The district court denied
Jimenez's ineffective-assistance claim on the ground that Jimenez failed to
specify what information an investigation would have revealed, see Molina
v. State, 120 Nev. 185, 192, 87 P.3d 533, 538 (2004); Jimenez also failed to
demonstrate prejudice because testimony was presented at the evidentiary
hearing that there was surveillance footage of the incidents and Jimenez
confessed. In addition, whether the witnesses were available to testify has
no bearing on the validity of the plea. See Rubio v. State, 124 Nev. 1032,
1038, 194 P.3d 1224, 1228 (2008) ("A guilty plea is knowing and voluntary
if the defendant has a full understanding of both the nature of the charges
and the direct consequences arising from a plea of guilty." (internal
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quotation marks and emphasis omitted)). We conclude that the district
court did not err by denying these claims.
Having considered Jimenez's contentions and concluded that
they lack merit, we
ORDER the judgment of the district court AFFIRMED.'
Pickering
J. J.
Parraguirr e Saitta
cc: Hon. Douglas Smith, District Judge
Mueller Hinds & Associates
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
'A footnote in Jimenez's fast track statement contains text which is
not the same size and font as the body of the brief. See NRAP 3C(h)(1)
(requiring fast track filings to comply with the formatting requirements of
NRAP 32(a)(4)-(6)); NRAP 32(a)(5). We caution counsel that future failure
to comply with the Nevada Rules of Appellate Procedure may result in the
imposition of sanctions. See NRAP 3C(n).
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