Brown (Craig) v. State

• Court: Nevada Supreme Court
• Decided: September 18, 2013
• Docket: 62825
• Status: Unpublished

Opinion

he fails to demonstrate plain error entitling him to relief. See NRS 178.602; Green v. State, 119 Nev. 542, 545, 80 P.3d 93, 95 (2003) ("[T]he burden is on the defendant to show actual prejudice or a miscarriage of justice."). Additionally, to the extent Brown raises the argument, we further conclude that the district court did not abuse its discretion by revoking his probation. See Lewis v. State, 90 Nev. 436, 438, 529 P.2d 796, 797 (1974); see generally McNallen v. State, 91 Nev. 592, 540 P.2d 121 (1975) (revocation of probation affirmed where violation by probationer not refuted). Accordingly, we ORDER the judgment of the district court AFFIRMED.'

Gibbons

J. Douglas Saitta

cc: Hon. Michelle Leavitt, District Judge Clark County Public Defender Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

'The fast track response submitted by the State does not comply with NRAP 3C(h)(1) and NRAP 32(a)(4) because the text is not double- spaced. Counsel for the State is cautioned that the failure to comply with the briefing requirements in the future may result in the imposition of sanctions. See NRAP 3C(n).

SUPREME COURT OF NEVADA 2 (0) 1947A

M3 fez