Flores (Adrian) v. State

to "waive any/all appellate rights regarding certification to adult status" in his guilty plea agreement. 2 Flores also contends that his sentence violates the JJDPA's requirements that juvenile offenders generally be incarcerated separately from adult offenders, 42 U.S.C. § 5633(a)(13), and subject to "graduated sanctions" that include rehabilitative programs, 42 U.S.C. § 5603(24). We conclude this contention lacks merit because the cited provisions of the JJDPA do not apply to juveniles who have been certified to stand trial as adults. 28 C.F.R. § 31.303(d)(1)(v) (states are not prohibited from detaining or confining juveniles who have been waived or transferred to the adult system in adult facilities); 61 Fed. Reg. 65132-01 response to cmt. 3(a) (Dept. of Justice, Dec. 10, 1996) ("The JJDP Act separation requirement expressly applies to juveniles who are alleged to be or found to be delinquent."); 42 U.S.C. § 5603(24) (defining term "graduated sanctions" as used in the JJDPA to apply to "juveniles within the juvenile justice system"); see also 18 U.S.C. § 5032 (1996) (allowing juveniles to be prosecuted as adults in federal courts); In the Matter of Seven Minors, 99 Nev. 427, 433, 664 P.2d 947, 951 (1983) ("Once in a given case transfer is decided upon . . . the youth is no longer presumed to be a child in the eyes of the law and no longer entitled to the grace provided by the Juvenile Court Act in that particular case."), disapproved of on other grounds by

Matter of William S., 122 Nev. 432, 442 n.23, 132 P.3d 1015, 1021 n.23 (2006). Accordingly, we ORDER the judgment of conviction AFFIRMED.

Footnotes

[2] To the extent Flores asserts that the district court lacked jurisdiction over his case due to the allegedly improper certification, we decline to address this contention because it is not supported by cogent argument or citation to authority. See Maresca v. State, 103 Nev. 669, 673, 748 P.2d 3, 6 (1987). SUPREME COURT OF NEVADA 2 (0) I947A Y.` Ic-P,764 - 74Ntinri,02' • / Hardesty J. cc: Hon. Elissa F. Cadish, District Judge Matthew D. Carling Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk SUPREME COURT OF NEVADA 3 (0) 1947A ea ilffiliOPERIMEMIDEE