Garcia (Robin) v. State

 Washington, 466 U.S. 668, 687 (1984); Rubio v. State, 124 Nev. 1032,
1039-40, 194 P.3d 1224, 1228-29 (2008). Here, the district court conducted
a hearing on the motion and heard arguments from counsel; however, as
the district court noted, Garcia "called no witnesses and submitted no
affidavits." Garcia was not present at the hearing due to his apparent
deportation and his former defense counsel was not called to testify. As a
result, the district court determined that Garcia "failed to meet his burden
of showing that his defense counsel was ineffective" and denied the
motion. We conclude that the district court did not abuse its discretion by
denying Garcia's motion to withdraw his guilty plea, see Bryant v. State,
102 Nev. 268, 272, 721 P.2d 364, 368 (1986), and we
ORDER the judgnyeritAf the district court AFFIRMED.
Gibbons
J.
Saitta
cc: Hon. Janet J. Berry, District Judge
Ian E. Silverberg
Attorney General/Carson City
Washoe County District Attorney
Washoe District Court Clerk
SUPREME COURT
OF
NEVADA
(,0) 1947A
2
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