From Casetext: Smarter Legal Research

Gibbs v. State

Supreme Court of Nevada.
Jul 14, 2011
373 P.3d 916 (Nev. 2011)

Opinion

No. 57125.

07-14-2011

Troy Robert GIBBS, Appellant, v. The STATE of Nevada, Respondent.

Flangas Law Office Attorney General/Carson City Clark County District Attorney


Flangas Law Office

Attorney General/Carson City

Clark County District Attorney

ORDER OF AFFIRMANCE

This is an appeal from a judgment of conviction, pursuant to a guilty plea, of possession of a stolen vehicle. Eighth Judicial District Court, Clark County; Donald M. Mosley, Judge.

Appellant Troy Robert Gibbs contends that his guilty plea was not entered knowingly and voluntarily. We have repeatedly stated that challenges to the validity of a guilty plea must generally be raised in the district court in the first instance by either filing a motion to withdraw the guilty plea or commencing a post-conviction proceeding pursuant to NRS Chapter 34. See Bryant v. State, 102 Nev. 268, 272, 721 P.2d 364, 368 (1986), limited by Smith v. State, 110 Nev. 1009, 1010 n.1, 879 P.2d 60, 61 n.1 (1994) ; see also O'Guinn v. State, 118 Nev. 849, 851–52, 59 P.3d 488, 489–90 (2002). The record does not indicate that Gibbs challenged the validity of his guilty plea in the district court, and we conclude that his claim is not appropriate for review in this appeal, see O'Guinn, 118 Nev. at 851–52, 59 P.3d at 489–90, and we

ORDER the judgment of conviction AFFIRMED.


Summaries of

Gibbs v. State

Supreme Court of Nevada.
Jul 14, 2011
373 P.3d 916 (Nev. 2011)
Case details for

Gibbs v. State

Case Details

Full title:Troy Robert GIBBS, Appellant, v. The STATE of Nevada, Respondent.

Court:Supreme Court of Nevada.

Date published: Jul 14, 2011

Citations

373 P.3d 916 (Nev. 2011)