Opinion
No. 6450
May 21, 1971
Appeal from Eighth Judicial District Court, Clark County, Clarence Sundean, J.
Robert G. Legakes, Public Defender, and Morgan D. Harris, Deputy Public Defender, Clark County, for Appellant.
Robert List, Attorney General, Roy A. Woofter, District Attorney, and Charles L. Garner, Chief Deputy District Attorney, Clark County, for Respondent.
OPINION
This appeal presents a single issue: Should the ruling of Boykin v. Alabama, 395 U.S. 238 (1969), be applied retroactively? This question has, of course, been answered in the negative by this court. Mathis v. Warden, 86 Nev. 439, 471 P.2d 233 (1970); Stocks v. Warden, 86 Nev. 758, 476 P.2d 469 (1970). Appellant concedes as much and, indeed, in the lower court he admitted to the judge that the case had no merit.
This case thus clearly presents a frivolous appeal and could easily have been disposed of under Sanchez v. State, 85 Nev. 95, 450 P.2d 793 (1969), and Watkins v. State, 85 Nev. 102, 450 P.2d 795 (1969). Because this course was not followed, as in Watkins, we merely affirm the trial court.
Affirmed.