voluntarily entered, Rubio v. State, 124 Nev. 1032, 1039, 194 P.3d 1224, 

1228 (2008). "A guilty plea is knowing and voluntary if the defendant has 

a full understanding of both the nature of the charges and the direct 

consequences arising from a plea of guilty." Rubio, 124 Nev. at 1038, 194 

P.3d at 1228 (internal quotation marks and emphasis omitted). 

In this case, appellant pleaded guilty to conspiracy to commit 

murder and attempted murder. In the guilty plea agreement, the parties 

stipulated to a 4-10 year sentence for the attempt count but retained the 

right to argue on the conspiracy count. The agreement explained that the 

penalty range for conspiracy to commit murder was 1-10 years, and the 

district court confirmed that range during the plea canvass. Thus, 

appellant was informed that the minimum term of incarceration he might 

receive at sentencing was 4 years if the counts were run concurrently, or 5 

years if the counts were run consecutively. Before sentencing, the parties 

learned that the actual penalty range for conspiracy to commit murder 

was 2-10 years. See NRS 199.480(1)(b). Although appellant acknowledged 

that he had been misinformed regarding the statutory minimum term on 

that count, he did not move to withdraw his plea. Instead, he argued that 

the district court should disregard the statute and sentence him to 1-3 

years. The State pointed out that 1-3 years for conspiracy to commit 

murder was an illegal sentence, but to ensure that appellant would not be 

prejudiced, the State agreed to reduce its stipulation on the attempted 

murder count to 3-10 years if necessary to achieve the district court's 

sentencing goals. Thus, the minimum term of incarceration that appellant 

was exposed to at sentencing was 4 years if the counts were run 

concurrently, or 5 years if the counts were run consecutively. 

SUPREME COURT 

OF 

NEVADA 2 

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: 
Hardesty 

Douglas 

Ck 

Cherry 

The district court denied appellant's motion on the grounds 

that the incorrect information was of no consequence because it had 

sentenced appellant to the same 7-year term that his codefendant 

received. The district court correctly denied appellant's motion, albeit for 

the wrong reason. See Wyatt v. State, 86 Nev. 294, 298, 468 P.2d 338, 341 

(1970). Due to the State's concession, appellant faced the same minimum 

aggregate term of incarceration contemplated by the guilty plea 

agreement and was therefore correctly informed before he pleaded guilty. 

Appellant was also correctly informed regarding the maximum term, and 

he acknowledged that sentencing, including the imposition of consecutive 

sentences, was within the district court's discretion. We conclude that the 

district court did not abuse its discretion by declining appellant's request 

to withdraw his plea. See Hubbard v. State, 110 Nev. 671, 675, 877 P.2d 

519, 521 (1994) ("Absent an abuse of discretion, the district court's 

decision regarding the validity of a guilty plea will not be reversed on 

appeal."), and we 

ORDER the judgment of the district court AFFIRMED. 

J. 

cc: Hon. James M. Bixler, District Judge 

Kirk T. Kennedy 

Attorney General/Carson City 

Clark County District Attorney 

Eighth District Court Clerk 

SUPREME COURT 

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