Opinion
No. 63000
2013-10-16
GUSTAVIOUS TREADWELL, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 an Alford plea, of battery with a deadly weapon resulting in substantial bodily harm. North Carolina v. Alford, 400 U.S. 25 (1970). Eighth Judicial District Court, Clark County; Valorie J. Vega, Judge.
Appellant Gustavious Treadwell contends that the State violated the terms and spirit of the plea agreement, wherein the State agreed to make no recommendation at sentencing, by offering argument at sentencing. "When the State enters into a plea agreement, it is held to the most meticulous standards of both promise and performance with respect to both the terms and spirit of the plea bargain." Sparks v. State, 121 Nev. 107, 110, 110 P.3d 486, 487 (2005) (internal quotation marks omitted).
No copy of the guilty plea agreement is included in the parties' appendices. Nevertheless, the parties agree, and the record indicates, that the State agreed to make no recommendation at sentencing.
Here, the State corrected defense counsel's representation of the facts but remained silent during the remainder of the sentencing hearing. Treadwell did not object to the State's correction on the grounds that it constituted a breach of the plea agreement, and we conclude that he fails to demonstrate plain error. See Puckett v. United States, 556 U.S. 129, 134-35 (2009); Mendoza-Lobos v. State, 125 Nev. 634, 644, 218 P.3d 501, 507 (2009); Sullivan v. State, 115 Nev. 383, 388 n.4, 390 n.7, 990 P.2d 1258, 1261 n.4, 1262 n.7 (1999). Accordingly, we
ORDER the judgment of conviction AFFIRMED.
Although we filed the submitted fast track statement, fast track appendix, and fast track response, they do not comply with the Nevada Rules of Appellate Procedure. The fast track statement does not contain margins of at least 1 inch on all four sides, see NRAP 3C(h)(1); NRAP 32(a)(4), the fast track appendix does not contain all required documents, see NRAP 3C(e)(2)(C); NRAP 30(b)(2)-(3), and the fast track response is not double-spaced, see NRAP 3C(h)(1); NRAP 32(a)(4). We caution the parties that future failure to comply with all applicable rules may result in the imposition of sanctions. See NRAP 3C(n).
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____________, J.
Hardesty
____________, J.
Parraguirre
____________, J.
Cherry
cc: Hon. Valorie J. Vega, District Judge
Jonathan L. Powell
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk