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McCoy v. State

SUPREME COURT OF THE STATE OF NEVADA
Jul 23, 2014
No. 63316 (Nev. Jul. 23, 2014)

Opinion

No. 63316

07-23-2014

DARREN LAMONT MCCOY, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 robbery with the use of a deadly weapon. Eighth Judicial District Court, Clark County; Michael Villani, Judge.

Appellant Darren Lamont McCoy's sole contention on appeal is that his guilty plea was not knowing and voluntary. He asserts that his guilty plea was based on an indictment that was not supported by the evidence before the grand jury and that he never had an adequate understanding of the charge to which he pleaded guilty. Generally, challenges to the validity of the guilty plea must be raised in the district court in the first instance by either filing a motion to withdraw the guilty plea or commencing a timely post-conviction proceeding pursuant to NRS chapter 34. Bryant v. State, 102 Nev. 268, 272, 721 P.2d 364, 367-68 (1986), as limited by Smith v. State, 110 Nev. 1009, 1010 n.1, 879 P.2d 60, 61 n.1 (1994), see also O'Guinn v. State, 118 Nev. 849, 851-52, 59 P.3d 488, 489-90 (2002). Because the record does not indicate that McCoy challenged the validity of his guilty plea on this basis in the district court, his claim is not appropriate for review on direct appeal from the judgment of conviction, and, therefore, we need not address it. Bryant, 102 Nev. at 272, 721 P.2d at 368. Accordingly, we

ORDER the judgment of conviction AFFIRMED.

__________, J.

Pickering

__________, J.

Parraguirre

__________, J.

Saitta
cc: Hon. Michael Villani, District Judge

Sandra L. Stewart

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk


Summaries of

McCoy v. State

SUPREME COURT OF THE STATE OF NEVADA
Jul 23, 2014
No. 63316 (Nev. Jul. 23, 2014)
Case details for

McCoy v. State

Case Details

Full title:DARREN LAMONT MCCOY, Appellant, v. THE STATE OF NEVADA, Respondent.

Court:SUPREME COURT OF THE STATE OF NEVADA

Date published: Jul 23, 2014

Citations

No. 63316 (Nev. Jul. 23, 2014)

Citing Cases

McCoy v. State

See NRS 34.726(1). McCoy v. State, Docket No. 63316 (Order of Affirmance, July 23, 2014). McCoy claims the…