Locker v. State

Summary

The Supreme Court of Nevada held that judgment deferral is mandatory, upon the defendant's consent, for a guilty plea to a first- or second-time violation of NRS 453.336(2)(a) involving possession of less than 14 grams of specified controlled substances. The court rejected the State's argument that a plea agreement lacking a deferral provision precluded judgment deferral under NRS 176.211(1). The court vacated the judgment of conviction and remanded for judgment deferral.

Holdings

1. When a defendant consents and pleads guilty to a violation of NRS 453.336(2)(a), NRS 176.211(3)(a)(1) requires the district court to defer judgment; the court lacks discretion to enter a judgment of conviction.
2. NRS 176.211(1) does not apply to a guilty plea covered by the specific mandatory-deferral provision in NRS 176.211(3)(a)(1). The existence of a plea agreement that is silent on judgment deferral does not preclude mandatory deferral.
3. The mandatory-deferral requirement was unaffected by the fact that the original complaint included additional charges, the plea agreement did not address deferral, or a firearm was present at the time of arrest.

Questions Presented

1. Whether NRS 453.336(2)(a) and NRS 176.211(3)(a)(1) require judgment deferral, upon the defendant's consent, for a guilty plea to a first- or second-time offense involving possession of less than 14 grams of a schedule I or II controlled substance.
2. Whether the general provision in NRS 176.211(1), including its limitation concerning plea agreements that do not allow deferral, applies to a guilty plea governed by the specific mandatory-deferral provision in NRS 176.211(3)(a)(1).
3. Whether the district court had discretion to enter a judgment of conviction based on the original additional charges, the plea agreement's silence concerning deferral, or the presence of a firearm.

Disposition

vacated