(2) his competency was not evaluated prior to the entry of his pleas. We
disagree with Perreira's contention.
"This court will not reverse a district court's determination
concerning the validity of a plea absent a clear abuse of discretion."
Johnson v. State, 123 Nev. 139, 144, 159 P.3d 1096, 1098 (2007). Perriera
failed to either provide a substantial reason which required the
withdrawal of his guilty pleas, see Woods v. State, 114 Nev. 468, 475, 958
P.2d 91, 95 (1998), or satisfy his burden and prove that his pleas were
invalid, see Molina v. State, 120 Nev. 185, 190, 87 P.3d 533, 537 (2004).
We also note that Perreira did, in fact, receive the sentence the parties
agreed to recommend pursuant to the written plea agreement: he was
adjudicated as a "small" habitual criminal pursuant to NRS 207.010(1)(a)
and sentenced to serve two concurrent prison terms of 60-150 months. We
conclude that the district courts did not abuse their discretion by denying
Perreira's motions and he is not entitled to relief. Accordingly, we
ORDER the judgmpitsipf conviction AFFIRMED. 2
J.
Douglas Saitta
2Although we filed Perreira's fast track statement, it fails to comply
with the Nevada Rules of Appellate Procedure. The brief does not contain
margins in compliance with NRAP 3C(h)(1) and NRAP 32(a)(4). Counsel
for Perreira is cautioned that the failure to comply with the briefing
requirements in the future may result in the imposition of sanctions. See
NRAP 3C(n).
SUPREME COURT
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NEVADA
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2
cc: Chief Judge, The Eighth Judicial District Court
Lee A. Gates, Senior Judge
Jerome T. Tao, District Judge
Patti, Sgro & Lewis
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
SUPREME COURT
OF
NEVADA
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