Zenier (Ernest) v. State

• Court: Nevada Supreme Court
• Decided: October 15, 2015
• Docket: 67382
• Status: Unpublished

Opinion

voluntary, and intelligent, see 946 F.2d at 1432; Fed. R. Crim. P. 11(c)(3)(B), and therefore the trial court was obligated to advise him in accordance with Graibe. We disagree. While Graibe speaks to the concept of federal constitutional due process, which requires a guilty plea to be voluntary, it does so through the lens of a mandatory federal criminal procedural rule to which Nevada has no counterpart. Further, we are not bound by the decisions of the federal courts of appeal, see Nika v. State, 124 Nev. 1272, 1285, 198 P.3d 839, 848 (2008); Bargas v. Warden, 87 Nev. 30, 31-32, 482 P.2d 317, 318 (1971), and the record does not show that appellant's guilty plea was otherwise involuntary, see State v. Freese, 116 Nev. 1097, 1106, 13 P.3d 442, 448 (2000) ("A defendant's comprehension of the consequences of a plea, the voluntariness of a plea and the general validity of a plea are to be determined by reviewing the entire record and looking to the totality of the facts and circumstances surrounding the plea."). Appellant was advised that sentencing was solely in the trial court's discretion and nothing in the agreement guaranteed a particular sentence or conditioned the plea on a particular sentence. Therefore, we conclude that the district court did not err by denying appellant's postconviction petition, and we ORDER the judgment of the district court AFFIRMED.

alai° Saitta

PitiefA.dy J Gibbon Pickering

SUPREME COURT OF NEVADA 2 (0) 1947A we cc: Hon. Stefany Miley, District Judge Turco & Draskovich Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA 3 (0) 1947A