Ali (Shair) v. State

• Court: Nevada Supreme Court
• Decided: September 18, 2014
• Docket: 65071
• Status: Unpublished

Opinion

alleges were removed from his cell. See Wolfe v. State, 95 Nev. 240, 242,

591 P.2d 1155, 1156 (1979).

Second, Ali contends that his guilty plea was not entered

knowingly, voluntarily, and intelligently because he pleaded guilty based

upon the promise that he would remain free on bail while awaiting

sentencing. We decline to consider this assertion because it challenges the

validity of the plea and is not properly raised on direct appeal. See Bryant

v. State, 102 Nev. 268, 272, 721 P.2d 364, 367-68 (1986).

Third, Ali contends that the district court abused its discretion

by permitting several attorneys to withdraw without his consent and

denying newly appointed counsel's requests for continuances to prepare

for sentencing. We disagree. The record reflects that at least one of the

substitutions of counsel was done at Ali's Tequest after he retained

counsel, and another substitution occurred after counsel withdrew and the

court appointed counsel to represent Ali. The record also reflects that the

court continued the hearing multiple times between September 25, 2013,

and February 12, 2014. At sentencing, counsel indicated that he had

discussed the case with Ali, prepared a sentencing memorandum, and was

ready to proceed. Ali fails to demonstrate that the district court abused its

SUPREME COURT OF NEVADA 2 (0) 1047A discretion. See Dixon v. State, 94 Nev. 662, 664, 584 P.2d 693, 694 (1978).

Having concluded that no relief is warranted, we

ORDER the judgment of conviction AFFIRMED. 1

AO-A t-et4; Hardesty

Cita Douglas Cherry

cc: Second Judicial District Court, Department 6 Douglas A. Nutton Attorney General/Carson City Washoe County District Attorney Washoe District Court Clerk

1 Ali'sfast track statement fails to comply with the Nevada Rules of Appellate procedure because it is not double-spaced, see NRAP 3C(h)(1); NRAP 32(a)(4), and makes factual statements without adequate citation to the record, see NRAP 3C)(e)(1)(C). We caution counsel that future failure to comply with this court's briefing requirements may result in the imposition of sanctions. See NRAP 3C(n).

SUPREME COURT OF NEVADA 3 (0) 1947A