Valencia (Ceasar) v. State

the charges against him and the consequences of his plea. Valencia claims that "he was incorrectly advised by both the district court and trial counsel that his plea in the instant matter would not affect his probation" in an unrelated case. Challenges to the validity of a no contest plea must generally be raised in the district court in the first instance by either filing a motion to withdraw the plea or commencing a post-conviction proceeding pursuant to NRS Chapter 34. See Bryant v. State, 102 Nev. 268, 272, 721 P.2d 364, 368 (1986), limited by Smith v. State, 110 Nev. 1009, 1010 n.1, 879 P.2d 60, 61 n.1 (1994); see also O'Guinn v. State, 118 Nev. 849, 851-52, 59 P.3d 488, 489-90 (2002). Valencia did not challenge the validity of his plea in the district court and we conclude that his claim is not appropriate for review on direct appeal. See O'Guinn, 118 Nev. at 851-52, 59 P.3d at 489-90. Accordingly, we ORDER the judgment of conviction AFFIRMED.

J. Hardesty

POAA Parraguirre

J.

cc: Hon. Michael Villani, District Judge Nguyen & Lay Clark County Public Defender Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk SUPREME COURT OF NEVADA 2 (0) 1947A <