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Baca v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Aug 17, 2017
No. 71506 (Nev. App. Aug. 17, 2017)

Opinion

No. 71506

08-17-2017

SONIA SOPHIA BACA, Appellant, v. THE STATE OF NEVADA, Respondent.


ORDER VACATING JUDGMENT AND REMANDING

Sonia Sophia Baca appeals from a judgment of conviction entered pursuant to a guilty plea of trafficking in a controlled substance. Second Judicial District Court, Washoe County; Steven R. Kosach, Senior Judge.

Baca claims the district court abused its discretion by failing to apply the standard set forth in Stevenson v. State, 131 Nev. ___, 354 P.3d 1277 (2015), when deciding her presentence motion to withdraw her guilty plea.

A defendant may move to withdraw a guilty plea before sentencing, NRS 176.165, and "a district court may grant a defendant's motion to withdraw his guilty plea before sentencing for any reason where permitting withdrawal would be fair and just," Stevenson v. State, 131 Nev. at ___, 354 P. 3d at 1281. To this end, the Nevada Supreme Court has disavowed the standard previously announced in Crawford v. State, 117 Nev. 718, 30 P.3d 1123 (2001), which focused exclusively on whether the plea was knowingly, voluntarily, and intelligently made, and affirmed that "the district court must consider the totality of the circumstances to determine whether permitting withdrawal of a guilty plea before sentencing would be fair and just." Stevenson, 131 Nev. at ___, 354 P.3d at 1281.

At sentencing, Baca complained about the written guilty plea agreement and indicated she did not enter her plea knowingly or voluntarily. The district court construed Baca's complaints as an oral motion to withdraw her guilty plea, it found she had entered her guilty plea knowingly and voluntarily, and it denied her motion to withdraw her guilty plea.

The Honorable William A. Maddox presided over Baca's sentencing. --------

Although the district court may have reached the correct result under the Crawford standard, because the standard for deciding presentence motions to withdraw guilty pleas has changed, we conclude the judgment of conviction must be vacated for consideration of Baca's motion under the standard set forth in Stevenson. If upon remand the district court determines Baca failed to demonstrate a fair and just reason for withdrawing her guilty plea, the district court may reinstate the judgment of conviction. Accordingly, we

ORDER the judgment of the district court VACATED AND REMAND this matter to the district court for proceedings consistent with this order.

/s/_________, C.J.

Silver /s/_________, J.
Tao /s/_________, J.
Gibbon cc: Chief Judge, Second Judicial District Court

Hon. Steven R. Kosach, Senior Judge

Hon. William A. Maddox, Senior Judge

Washoe County Public Defender

Attorney General/Carson City

Washoe County District Attorney

Washoe District Court Clerk


Summaries of

Baca v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Aug 17, 2017
No. 71506 (Nev. App. Aug. 17, 2017)
Case details for

Baca v. State

Case Details

Full title:SONIA SOPHIA BACA, Appellant, v. THE STATE OF NEVADA, Respondent.

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Aug 17, 2017

Citations

No. 71506 (Nev. App. Aug. 17, 2017)