Opinion
No. 81290-COA
10-28-2020
LEONARD JOSEPH HEITZ, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Leonard Joseph Heitz appeals from a judgment of conviction, entered pursuant to a guilty plea, of possession of credit or debit card without cardholder's consent. Eighth Judicial District Court, Clark County; Michael Villani, Judge.
Heitz challenges the constitutionality of his sentence. Heitz waived his right to appeal from his judgment of conviction, and he does not challenge the validity of that waiver or claim the sentence was not imposed in accordance with the negotiated agreement. We therefore conclude Heitz is not entitled to relief, see Cruzado v. State, 110 Nev. 745, 747, 879 P.2d 1195, 1195-96 (1994), overruled on other grounds by Lee v. State, 115 Nev. 207, 210, 985 P.2d 164, 166 (1999), and we
ORDER the judgment of conviction AFFIRMED.
We have reviewed all documents Heitz has filed in this matter, and we conclude no relief based upon those submissions is warranted. To the extent Heitz has attempted to present claims or facts in those submissions which were not previously presented in the proceedings below, we decline to consider them in the first instance.
/s/_________, C.J.
Gibbons /s/_________, J.
Tao /s/_________, J.
Bulla cc: Hon. Michael Villani, District Judge
Clark County Public Defender
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk