State v. GarciaAnnotate this Case
The Supreme Court affirmed the decision of the district court affirming the judgment of the county court overruling Defendant’s motion to withdraw a no contest plea he entered years earlier pursuant to Nev. Rev. Stat. 29-1819.02(1), holding that the statute does not authorize the withdrawal of pleas based on inadequate translation.
Section 29-1819.02(1) provides that if a court fails to give the required advisement that conviction may have certain immigration consequences and the defendant faces the immigration consequences about which he was not advised, the defendant has a right to have the judgment vacated, to withdraw the plea, and to enter a plea of not guilty. Defendant argued that he was entitled to withdraw his plea because an interpreter translated a word improperly when she recited the court’s advisement to Defendant in Spanish. The county court overruled the motion, and the district court affirmed. The Supreme Court affirmed, holding that Defendant was not entitled to withdraw his plea because he did not demonstrate that the trial court failed to give all or part of the required advisement.