Nev. Rev. Stat. » NRS: CHAPTER 176 - JUDGMENT AND EXECUTION

Nev. Rev. Stat. § 176.165

When plea of guilty, guilty but mentally ill or nolo contendere may be withdrawn

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NRS 176.165  When plea of guilty, guilty but mentally ill or nolo contendere may be withdrawn.  Except as otherwise provided in this section, a motion to withdraw a plea of guilty, guilty but mentally ill or nolo contendere may be made only before sentence is imposed or imposition of sentence is suspended. To correct manifest injustice, the court after sentence may set aside the judgment of conviction and permit the defendant to withdraw the plea.

      (Added to NRS by 1967, 1434; A 1989, 1983; 1995, 2456; 2003, 1467; 2007, 1421)

DEFERRAL OF JUDGMENT

     

Notes of Decisions
Cited in 63 cases (15 in the last 5 years), 1969–2024 · leading case: Hargrove v. State
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Hargrove v. State (1984) nev · cites it 4× “On June 8, 1982, about four months after entry of the judgment of conviction, appellant filed a motion to withdraw his plea pursuant to NRS 176.165. That statute permits a trial court to order a plea withdrawn after conviction upon a showing of “manifest injustice.”
Hart v. State (2000) nev · cites it 6× “DISCUSSION Viability of motion to withdraw a plea The statutory provisions governing the motion to withdraw a guilty plea are codified in NRS 176.165. NRS 176.165 contemplates that a defendant may file a motion to withdraw a plea both before and after imposition of the sentence:…”
Molina v. State (2004) nev · cites it 2× “24 It follows by analogy and policy that a defendant requesting withdrawal of his guilty plea for the same reason, but using NRS 176.165 as the statutory basis for relief, also waives the privilege in such proceedings.”
State v. Adams (1978) nev · cites it 3× “The court reasoned that Adams, as a member of the public, was invited to the Food King Store, and that his crime was petit larceny rather than burglary.”
Miller v. Hayes (1979) nev · cites it 2× “2d 549, 551-52 (1967) (trial court had inherent power to correct mistake in sentence); see also NRS 176.165, 176.555, 176.565. I do, however, agree that in this instance the judgment must be modified, as the court was without authority to suspend the execution of the sentence…”
Wilson v. State (1983) nev · cites it 2× “[6] NRS 176.165 provides: Except as provided in NRS 176.”
Paine v. State (1994) nev · cites it 2× “See NRS 176.165. 5 We have previously determined the standards required of district courts and this court when reviewing a defendant’s request to withdraw a plea: It .”
Sturrock v. State (1979) nev · cites it 2× “2d 923, 925-26 (1969) (granting of motion to withdraw one's plea before sentencing is proper where substantial reason causes the granting of the motion to appear fair and just); NRS 176.165. This contention is without merit.”
Meyer v. State (1979) nev · cites it 2× “See NRS 176.165. 5 The order denying withdrawal of the plea was an abuse of discretion.”
Rubio v. State (2008) nev “2d at 475 ; see NRS 176.165. 13 See United States v. Signori, 844 F.”
Michael Cuero v. Matthew Cate (2017) ca9 · cites it 2× “This distinction further confirms the reasonableness of the belief that the Due Process Clause attaches only after judgment is entered. 11 The imposition of a sentence or entry of judgment has a similar effect in other states within the Ninth Circuit.”
SUNSERI (KEVIN) VS. STATE (2021) nev · cites it 2× “3d 1277, 1281 (2015); NRS 176.165 (permitting withdrawal of a guilty plea before sentencing).”
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