Opinion
No. 74949-COA
10-16-2019
DAVID ANDREW COIL, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
David Andrew Coil appeals from a judgment of conviction, pursuant to a guilty plea, of sex trafficking of a minor under 18 years of age, attempted sex trafficking of a minor under 18 years of age, and four counts of soliciting prostitution. Eighth Judicial District Court, Clark County; Tierra Danielle Jones, Judge.
Coil first contends his conduct amounted only to facilitating sex trafficking and the district court erred by denying him his right to represent himself. The entry of a guilty plea 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). There is no indication in the record that Coil preserved the right to raise these claims in an appeal. See NRS 174.035(3). We therefore decline to consider these claims.
Coil also contends he should be allowed to withdraw his guilty plea because he did not enter it knowingly or intelligently. Unless error clearly appears from the record, a challenge to the validity of a guilty plea must be raised in the district court in a motion to withdraw the guilty plea or a postconviction petition for a writ of habeas corpus. Smith v. State, 110 Nev. 1009, 1010-11 n.1, 879 P.2d 60, 61 n.1 (1994); Bryant v. State, 102 Nev. 268, 272, 721 P.2d 364, 368 (1986). Coil claims his plea was invalid because it was to a charge that did not align with his conduct and the district court denied his requests for self-representation, failed to ensure he understood the true nature of his charges, and failed to advise him prior to accepting his plea of the rights he was foregoing. Unlike the appellant in Smith, Coil's alleged errors do not clearly appear from the record. We therefore decline to consider these claims. Accordingly, we
We note that the record demonstrates the district court did not deny Coil's motions for self-representation; rather, Coil withdrew his motions. --------
ORDER the judgment of conviction AFFIRMED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Bulla cc: Hon. Tierra Danielle Jones, District Judge
Leventhal & Associates
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk