Opinion
No. 62566
2013-09-18
TERRY DAVID JONES, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 AFFIRMANCE
This is an appeal from a judgment of conviction, pursuant to a guilty plea, of coercion. Second Judicial District Court, Washoe County; Brent T. Adams, Judge.
Appellant Terry David Jones contends that the restitution award should be vacated because there is no basis in the record for the award and neither the State nor the victim requested restitution. Because Jones did not object to the amount of restitution in the district court, he waived any appellate challenge to the amount of the award. See Martinez v. State, 115 Nev. 9, 12-13, 974 P.2d 133, 135 (1999). Further, we conclude that Jones fails to demonstrate plain error regarding the imposition of restitution especially where he specifically informed the court at sentencing that he would pay restitution. See Mendoza-Lobos v. State, 125 Nev. 634, 644, 218 P.3d 501, 507 (2009) (reviewing an unobjected-to error at sentencing for plain error); see also NRS 176.033(1)(c) (requiring the court to set a restitution amount for each victim if appropriate).
To the extent Jones contends that his guilty plea is invalid because he believed that no restitution would be imposed, this claim is not appropriate for review on direct appeal and we need not address it. See Bryant v. State, 102 Nev. 268, 272, 721 P.2d 364, 368 (1986), holding 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). Accordingly, we
ORDER the judgment of conviction AFFIRMED.
________________, J.
Gibbons
________________, J.
Douglas
________________, J.
Saitta
cc: Hon. Brent T. Adams, District Judge
Washoe County Public Defender
Attorney General/Carson City
Washoe County District Attorney
Washoe District Court Clerk