Martinez (Anthony) v. State

• Court: Nevada Supreme Court
• Decided: July 22, 2014
• Docket: 64867
• Status: Unpublished

Opinion

ineligible for probation, and contradicted Martinez's contention. Counsel for Martinez conceded that the record contradicted the claim, but suggested that Martinez's history as a boxer may have contributed to memory impairment which impacted his ability to understand the proceedings. The district court judge, who had conducted the plea canvass and therefore had an opportunity to observe whether Martinez understood the agreement, rejected his assertion and concluded that the plea was knowingly and intelligently entered. Martinez fails to demonstrate that the district court abused its discretion. See Riker v. State, 111 Nev. 1316, 1322, 905 P.2d 706, 710 (1995) ("On appeal from a district court's denial of a motion to withdraw a guilty plea, this court 'will presume that the lower court correctly assessed the validity of the plea, and we will not reverse the lower court's determination absent a clear showing of an abuse of discretion." (quoting Bryant v. State, 102 Nev. 268, 272, 721 P.2d 364, 368 (1986))). Accordingly, we ORDER the judgment of conviction AFFIRMED.

' J.

cc: Hon. Douglas Smith, District Judge Nguyen & Lay Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA 2 10) 1947A ,441411,