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Cheatham v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Apr 18, 2017
No. 70104 (Nev. App. Apr. 18, 2017)

Opinion

No. 70104

04-18-2017

EMMANUEL DIONNE CHEATHAM, Appellant, v. THE STATE OF NEVADA, Respondent.


ORDER OF AFFIRMANCE

This is an appeal from a judgment of conviction, pursuant to a guilty plea, of robbery with the use of a deadly weapon, victim 60 years of age or older. Eighth Judicial District Court, Clark County; Douglas W. Herndon, Judge.

This appeal has been submitted for decision without oral argument. NRAP 34(f)(3).

Appellant Emmanuel Dionne Cheatham claims his due process rights were violated because his counsel waived his presence at the preliminary hearing without his knowledge. Cheatham did not expressly preserve this issue when he pleaded guilty and, thus, he waived his right to raise this issue on appeal. See NRS 174.035(3); Webb v. State, 91 Nev. 469, 470, 538 P.2d 164, 165 (1975) (the entry of a guilty plea generally waives any right to appeal from events occurring prior to the entry of the plea). We therefore decline to consider this claim, and we

To the extent Cheatham claims his counsel was ineffective for waiving his presence at the preliminary hearing, this claim is improperly raised on direct appeal and must be raised in the first instance by filing a postconviction petition for a writ of habeas corpus in the district court in compliance with NRS Chapter 34. See NRS 34.810(1); Pellegrini v. State, 117 Nev. 860, 883, 34 P.3d 519, 5344 (2001). --------

ORDER the judgment of conviction AFFIRMED.

/s/_________, C.J.

Silver /s/_________, J.
Tao /s/_________, J.
Gibbons cc: Hon. Douglas W. Herndon, District Judge

Leslie A. Park

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk


Summaries of

Cheatham v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Apr 18, 2017
No. 70104 (Nev. App. Apr. 18, 2017)
Case details for

Cheatham v. State

Case Details

Full title:EMMANUEL DIONNE CHEATHAM, Appellant, v. THE STATE OF NEVADA, Respondent.

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Apr 18, 2017

Citations

No. 70104 (Nev. App. Apr. 18, 2017)