Opinion
No. 61344
05-14-2013
WILLIAM J. MCBRIEN, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 entered pursuant to a guilty plea of battery with the use of a deadly weapon resulting in substantial bodily harm constituting domestic violence and coercion. Eighth Judicial District Court, Clark County; Linda Marie Bell, Judge.
Appellant William McBrien contends that the district court should not have accepted his guilty plea because he had plausible defenses to the criminal charges. However, a valid guilty plea constitutes an admission of all the facts necessary for a conviction, United States v. Cazares, 121 F.3d 1241, 1246-47 (9th Cir. 1997), and "results in forfeiture of those defenses not explicitly preserved by entering conditional guilty plea," United States v. Schweitzer, 454 F.3d 197, 205 (3d Cir. 2006) (internal quotation marks omitted). McBrien has not challenged the validity of his guilty plea nor preserved these alleged defenses for appeal. See NRS 174.035(3). Accordingly, we
ORDER the judgment of conviction AFFIRMED.
_______________, J.
Gibbons
_______________, J.
Douglas
_______________, J.
Saitta
cc: Hon. Linda Marie Bell, District Judge
George R. Carter
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk