Opinion
No. 65494
10-15-2014
TERRY RAY COCHRANE, Appellant, v. THE STATE OF NEVADA, Respondent.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER OF AFFIRMANCE
This is an appeal from a judgment of conviction, pursuant to a guilty plea, of two counts of possession or sale of document or personal identifying information. Eighth Judicial District Court, Clark County; James M. Bixler, Judge.
Appellant Terry Ray Cochrane contends that NRS 205.465 is void and unenforceable because it does not contain an enacting clause as required by the Nevada Constitution. See Nev. Const, art. 4, § 23. As a result, Cochrane claims that his conviction should be vacated. The entry of a guilty plea, however, generally waives any right to appeal from events occurring prior to the entry of the plea. See Webb v. State, 91 Nev. 469, 470, 538 P.2d 164, 165 (1975); see also Tollett v. Henderson, 411 U.S. 258, 267 (1973). Pursuant to the guilty plea agreement, Cochrane waived his right to file a direct appeal, "including any challenge based upon reasonable constitutional, jurisdictional or other grounds." Moreover, there is no indication in the record that Cochrane reserved the right to raise this issue on appeal pursuant to NRS 174.035(3), and we need not address it. Nevertheless, we note that Cochrane's contention lacks merit because the Statutes of Nevada contain the laws with the enacting clauses required by the Nevada Constitution, and the Nevada Revised Statutes simply reproduce those laws as classified, codified, and annotated by the Legislative Counsel. See NRS 220.120. Accordingly, we
ORDER the judgment of conviction AFFIRMED.
/s/_________, J.
Pickering
/s/_________, J.
Parraguirre
/s/_________, J.
Saitta
cc: Hon. James M. Bixler, District Judge
Anthony M. Goldstein
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk