Buckner (Donald) v. State

Nev. 107, 110, 110 P.3d 486, 487 (2005) (internal quotation marks omitted). Here, pursuant to negotiations and as reflected in the plea agreement memoranda, the State sought "small" habitual criminal adjudication pursuant to NRS 207.010(1)(a). The plea agreement noted that "Wile State will be free to argue for an appropriate sentence." The State followed the terms of the agreement at the sentencing hearing by asking for habitual criminal adjudication pursuant to NRS 207.010(1)(a) and the imposition of a prison term within the statutory range. Nothing in the record indicates that the State was precluded from arguing in the manner Buckner suggests. Buckner concedes that he did not object to the alleged breach of the plea agreement, and we conclude that he fails to demonstrate plain error entitling him to relief. See Sullivan v. State, 115 Nev. 383, 387 n.3, 990 P.2d 1258, 1260 n.3 (1999) (we review an unobjected-to plea breach allegation for plain error). Accordingly, we ORDER the judgment of conviction AFFIRMED.

J.

cc: Hon. Brent T. Adams, District Judge Michael V. Roth Attorney General/Carson City Washoe County District Attorney Washoe District Court Clerk

SUPREME COURT OF NEVADA

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