Opinion
No. 78203-COA
08-28-2020
NATHAN OTIS PATTERSON, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Nathan Otis Patterson appeals from a judgment of conviction entered pursuant to a guilty plea of ownership or possession of a firearm by a prohibited person and resisting a public officer with the use of a firearm. Eighth Judicial District Court, Clark County; Eric Johnson, Judge.
First, Patterson claims that his sentence should be reversed because it is possible that the presentence investigation report (PSI) contained prejudicial errors. However, the record on appeal demonstrates that he expressly informed the district court he had read the PSI, he had discussed the PSI with his attorney, and he did not see anything in the PSI that needed to be corrected or brought to the district court's attention. Because Patterson affirmatively informed the district court there were no errors in his PSI, and he has not argued there was plain error in this court, we conclude he has forfeited his claim, and we decline to consider his claim in this appeal. See Jeremias v. State, 134 Nev. 46, 50, 412 P.3d 43, 48 (2018).
Second, Patterson claims that his sentence should be reversed because the State and defense counsel failed to correct a serious error in the PSI. As discussed above, we conclude Patterson forfeited his claims regarding the PSI. To the extent he claims defense counsel was ineffective, his claim is not properly raised on direct appeal, see Archanian v. State, 122 Nev. 1019, 1036, 145 P.3d 1008, 1020-21 (2006), and we decline to consider his claim in this appeal.
Third, Patterson appears to challenge the validity of his guilty plea. Challenges to the validity of a guilty plea are not properly raised on direct appeal, 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), and we decline to consider his claim in this appeal.
Having concluded Patterson is not entitled relief, we
ORDER the judgment of conviction AFFIRMED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Bulla cc: Hon. Eric Johnson, District Judge
Terrence M. Jackson
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk