In Re: Robert C., a Minor

• Court: Nevada Supreme Court
• Decided: November 13, 2014
• Docket: 64579
• Status: Unpublished

Opinion

those charges," id. at 846, 673 P.2d at 493-94. The holding in Rueben C. was dependent on the entry of the guilty plea, not whether the defendant had been sentenced, and appellant has not cited any authority supporting such a distinction. Whereas the entry of a guilty plea thereafter precludes a defendant from raising errors that occurred before entry of the plea, Webb v. State, 91 Nev. 469, 538 P.2d 164 (1975), the entry of a guilty plea does not waive the right to appeal, see Franklin v. State, 110 Nev. 750, 877 P.2d 1058 (1994) (identifying claims that may be raised on appeal from a judgment of conviction based on a guilty plea), overruled on other grounds by Thomas v. State, 115 Nev. 148, 979 P.2d 222 (1999). Instead, a waiver of the right to appeal requires a knowing and voluntary waiver of that right. Cruzado v. State, 110 Nev. 745, 879 P.2d 1195 (1994), overruled on other grounds by Lee v. State, 115 Nev. 207, 985 P.2d 164 (1999). It therefore is of no moment that the guilty plea agreement included a waiver of the right to appeal that did not mention the challenge to the juvenile proceedings. Because the entry of the guilty plea in the adult criminal proceedings precludes a challenge to the juvenile proceedings that resulted in the filing of the adult criminal case, we grant the motion and ORDER this appeal DISMISSED.

, J. Hardesty

J. 4

Cherry

SUPREME COURT OF NEVADA 2 (0) 1947A eo

51 - ESEIRA cc: Hon. William 0. Voy, District Judge, Family Court Division Clark County Public Defender Attorney General/Carson City Clark County District Attorney/Juvenile Division Eighth District Court Clerk

SUPREME COURT OF NEVADA 3 (0) I94Th