White v. State, 111519 NVSC, 77278

Docket Nº:77278
Opinion Judge:GIBBONS C.J.
Party Name:JIMMY MICHAEL WHITE, Appellant, v. THE STATE OF NEVADA, Respondent.
Judge Panel:Silver, Douglas J. Hon. Elissa F. Cadish, District Judge
Case Date:November 15, 2019
Court:Supreme Court of Nevada
 
FREE EXCERPT

JIMMY MICHAEL WHITE, Appellant,

v.

THE STATE OF NEVADA, Respondent.

No. 77278

Supreme Court of Nevada

November 15, 2019

UNPUBLISHED OPINION

ORDER OF AFFIRMANCE

GIBBONS C.J.

This is a pro se appeal from a district court order denying a postconviction petition for a writ of habeas corpus.1 Eighth Judicial District Court, Clark County; Elissa F. Cadish, Judge.

Appellant Jimmy White pleaded guilty to robbery, and was sentenced to 48 to 120 months. White did not appeal from the judgment of conviction, but filed a postconviction petition for a writ of habeas corpus, which the district court denied.

White first argues that, due to the medication he was on at the time, he entered into the plea involuntarily and unknowingly because he did not understand that he was pleading guilty to a crime he did not commit. We conclude that this argument lacks merit. A guilty plea is presumptively valid, and petitioner carries the burden of establishing that the plea was not entered knowingly and intelligently. Bryant v. State, 102 Nev. 268, 272, 721 P.2d 364, 368 (1986), superseded by statute on other grounds as stated in Hart v. State, 116 Nev. 558, 1 P.3d 969 (2000); see also Hubbard v. State, 110 Nev. 671, 675, 877 P.2d 519, 521 (1994). White signed a plea memorandum describing the crime. At the plea canvass, White acknowledged that he read and signed the plea agreement and that he understood the rights he was waiving and the penalties he faced. And there is no indication from the record that White's prescribed medication prevented him from understanding the guilty plea proceedings.2 See State v. Freese, 116 Nev. 1097, 1105, 13 P.3d 442, 448 (2000) ("This court will not invalidate a plea so long as the totality of the circumstances, as shown by the record, demonstrates that the plea was knowingly and voluntarily made and that the defendant understood the nature of the offense and the consequences of the plea."); Molina v. State, 120 Nev. 185, 191, 87 P.3d 533, 537-38 (2004) ("A thorough plea canvass coupled with a detailed, consistent, written plea agreement supports a finding that the defendant entered the plea voluntarily, knowingly, and...

To continue reading

FREE SIGN UP