Opinion
No. 71727
03-14-2018
JAMES ERIC EPPS, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
James Eric Epps appeals from a judgment of conviction entered pursuant to a jury verdict of second-degree murder with the use of a deadly weapon. Eighth Judicial District Court, Clark County; Douglas W. Herndon, Judge.
Epps claims the district court erred by denying his motion to represent himself. "The Sixth Amendment of the United States Constitution, made applicable to the states by the Fourteenth Amendment, guarantees a defendant the right to self-representation." Watson v. State, 130 Nev. 764, 782, 335 P.3d 157, 170 (2014). However, a district court "may deny a request for self-representation that is untimely, equivocal, or made for the purpose of delay." Id. We review the district court's decision to deny a motion for self-representation for an abuse of discretion. See id. at 783, 335 P.3d at 171.
Epps' motion to represent himself was untimely. "If it is clear that the request comes early enough to allow the defendant to prepare for trial without need for a continuance, the request should be deemed timely." Id. (quoting Lyons v. State, 106 Nev. 438, 446, 796 P.2d 210, 214 (1990)). Epps' trial had been continued six times when he filed his motion to represent himself. He filed the motion approximately one month before the scheduled trial date. And he informed the district court at the hearing on the motion that he would need a continuance if the motion were granted. Considering the timing of Epps' motion and his assertion he would need a continuance if his motion was granted, we conclude the district court did not abuse its discretion by denying Epps' motion to represent himself. Accordingly, we
ORDER the judgment of conviction AFFIRMED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Douglas W. Herndon, District Judge
Coyer Law Office
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk