Opinion
No. 64942
05-13-2014
BRETT DAGAN 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 a proper person appeal from an order of the district court denying a motion to withdraw a guilty plea. Eighth Judicial District Court, Clark County; Valorie J. Vega, Judge.
This appeal has been submitted for decision without oral argument, NRAP 34(f)(3), and we conclude that the record is sufficient for our review and briefing is unwarranted. See Luckett v. Warden, 91 Nev. 681, 682, 541 P.2d 910, 911 (1975).
In his motion filed on September 23, 2013, appellant claimed that his plea should be withdrawn because he was actually innocent, he did not understand the consequences of his plea, he was coerced into signing the plea, and he suffered manifest injustice because he was not allowed to appeal errors at trial. We conclude that the equitable doctrine of laches precluded consideration of the motion because there was a ten-year delay from entry of the judgment of conviction, there was inexcusable delay in seeking relief, an implied waiver exists from appellant's knowing acquiescence in existing conditions, and the State may suffer prejudice from the delay. See Hart v. State, 116 Nev. 558, 563-64, 1 P.3d 969, 972 (2000). Therefore, we conclude that the district court did not err in denying appellant's motion, and we
We note that appellant was found guilty by a jury but entered a guilty plea to avoid the death penalty.
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ORDER the judgment of the district court AFFIRMED.
__________, J.
Hardesty
__________, J.
Douglas
__________, J.
Cherry
cc: Hon. Valorie J. Vega, District Judge
Brett Dagan Jones
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk