Opinion
No. 65550
10-15-2014
TERRANCE MICHAEL BARKSDALE, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 REVERSAL AND REMAND
This is a proper person appeal from an order of the district court denying a motion to withdraw a guilty plea. Eighth Judicial District Court, Clark County; Michelle Leavitt, Judge.
This appeal has been submitted for decision without oral argument, NRAP 34(f)(3), and we conclude that the record is sufficient for our review and briefing is unwarranted. See Luckett v. Warden, 91 Nev. 681, 682, 541 P.2d 910, 911 (1975).
In his motion filed on March 4, 2014, appellant claimed that his guilty plea was invalid because his counsel failed to correctly inform him of the penalty that he would receive at sentencing. The district court considered his claim on the merits without any discussion of his three-year delay in filing the motion.
We conclude that appellant improperly sought relief in a post-conviction motion to withdraw a guilty plea. This court has recently held that a post-conviction petition for a writ of habeas corpus is the exclusive remedy to challenge the validity of a guilty plea after sentencing. See Harris v. State, 130 Nev. ___, ___, 329 P.3d 619, 628 (2014). The district court should construe the motion as a post-conviction petition for a writ of habeas corpus and provide appellant a reasonable opportunity to cure any pleading defects. Id.
Accordingly, we reverse the decision of the district court and remand for the district court to construe the motion as a post-conviction petition for a writ of habeas corpus and to provide appellant an opportunity to cure any defects within a reasonable time period as set by the district court. Therefore, we
It appears that the motion may be procedurally barred pursuant to NRS 34.726.
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ORDER the judgment of the district court REVERSED AND REMAND this matter to the district court for proceedings consistent with this order.
/s/_________, J.
Pickering
/s/_________, J.
Parraguirre
/s/_________, J.
Saitta
cc: Hon. Michelle Leavitt, District Judge
Terrance Michael Barksdale
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk