Opinion
No. 77279-COA
09-10-2019
LEROY HALL MCCOY, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Leroy Hall McCoy appeals from a judgment of conviction, pursuant to a guilty plea, of robbery. Eighth Judicial District Court, Clark County; Jerry A. Wiese, Judge.
McCoy argues the district court abused its discretion by denying his presentence motion to withdraw his guilty plea. In his motion below, McCoy argued his plea was not freely, voluntarily and knowingly entered into because he signed the plea agreement and entered his guilty plea while he was under the influence of an illicit drug.
A defendant may move to withdraw a guilty plea before sentencing, NRS 176.165, and "a district court may grant a defendant's motion to withdraw his guilty plea before sentencing for any reason where permitting withdrawal would be fair and just," Stevenson v. State, 131 Nev. 598, 604, 354 P.3d 1277, 1281 (2015). When determining whether permitting withdrawal would be fair and just, the district court must consider the totality of the circumstances. Id. at 603, 354 P.3d at 1281. We review the district court's decision on a motion to withdraw a guilty plea for an abuse of discretion. Bryant v. State, 102 Nev. 268, 272, 721 P.2d 364, 368 (1986).
The district court found that during the plea canvass McCoy was specifically asked whether he was under the influence of any narcotics or other drugs and McCoy responded he was not. The district court also found that the judge who accepted McCoy's plea had an opportunity to evaluate McCoy in person and determined he had freely and voluntarily entered into the plea agreement. The district court then denied McCoy's motion to withdraw. The record supports the district court's findings, and we conclude the district court did not abuse its discretion by denying McCoy's motion. Accordingly, we
The Hon. David Barker, Sr. Judge, conducted the plea canvass. --------
ORDER the judgment of conviction AFFIRMED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Bulla cc: Hon. Jerry A. Wiese, District Judge
Law Offices of John P. Parris
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk