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Withers v. State

Court of Appeals of Nevada
Apr 21, 2023
No. 83993-COA (Nev. App. Apr. 21, 2023)

Opinion

83993-COA

04-21-2023

RONNIE WITHERS, A/K/A WESLEY RONNY WITHERS, Appellant, v. THE STATE OF NEVADA, Respondent.


UNPUBLISHED OPINION

ORDER OF AFFIRMANCE

Ronnie Withers appeals from a judgment of conviction, entered pursuant to a guilty plea, of burglary, second-degree kidnapping, and battery with the use of a deadly weapon resulting in substantial bodily harm. Eighth Judicial District Court, Clark County; Ronald J. Israel, Judge.

Withers argues his due process rights were violated. Specifically, Withers claims his due process rights were violated by the lack of statewide prosecutorial standards and because he was overcharged, the district court incorrectly applied the law when deciding his bail motions, and the district court incorrectly decided his pre-plea motion to disqualify the district judge. He also claims that cumulative error entitles him to relief. These claims were waived by entry of Withers' guilty plea. See Webb v. State, 91 Nev. 469, 470, 538 P.2d 164, 165 (1975) (stating that the entry of a guilty plea generally waives any right to appeal from events occurring prior to the entry of the guilty plea). In addition, there is no indication in the record that Withers preserved the right to raise these claims in an appeal from the judgment of conviction. See NRS 174.035(3). We therefore decline to consider these claims. Accordingly, we

ORDER the judgment of conviction AFFIRMED.

Gibbons, C.J., Bulla, J., Westbrook, J.

Hon. Ronald J. Israel, District Judge


Summaries of

Withers v. State

Court of Appeals of Nevada
Apr 21, 2023
No. 83993-COA (Nev. App. Apr. 21, 2023)
Case details for

Withers v. State

Case Details

Full title:RONNIE WITHERS, A/K/A WESLEY RONNY WITHERS, Appellant, v. THE STATE OF…

Court:Court of Appeals of Nevada

Date published: Apr 21, 2023

Citations

No. 83993-COA (Nev. App. Apr. 21, 2023)