Opinion
No. 66608
03-17-2015
JOHN JEFFREY MCNAB A/K/A JOHN JEFFREY MCNABB, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 entered pursuant to a guilty plea of low-level trafficking in a schedule I controlled substance and possession of a controlled substance. Fifth Judicial District Court, Nye County; Robert W. Lane, Judge.
Appellant claims that the State breached the spirit of the plea agreement by implicitly seeking a greater sentence than the sentence it agreed to recommend in the written plea agreement. "When the State enters into a plea agreement, it is held to the most meticulous standards of both promise and performance with respect to both the terms and the spirit of the plea bargain." Sparks v. State, 121 Nev. 107, 110, 110 P.3d 486, 487 (2005) (internal quotation marks omitted).
Appellant did not object to the State's comments and the alleged error does not appear plainly on the record. See Sullivan v. State, 115 Nev. 383, 387 n.3, 990 P.2d 1258, 1260 n.3 (1999) (observing that unpreserved breach-of-plea allegations may be reviewed for plain error); Saletta v. State, 127 Nev. ___, ___, 254 P.3d 111, 114 (2011) (describing plain error review). Accordingly, we conclude that appellant has not demonstrated plain error, and we
ORDER the judgment of conviction AFFIRMED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Silver
cc: Hon. Robert W. Lane, District Judge
The Law Firm of Nathan L. Gent, PLLC
Attorney General/Carson City
Nye County District Attorney
Nye County Clerk