RAMI MILAD HOUCHAN v. THE STATE OF NEVADA (2025)

ORDER OF AFFIRMANCE

Rami Milad Houchan appeals from a judgment of conviction, entered pursuant to a guilty plea, of selling, displaying, or advertising goods with a false trademark. Eighth Judicial District Court, Clark County; Kathleen E. Delaney, Judge.

Houchan argues his guilty plea was not entered knowingly, voluntarily, or intelligently. Specifically, Houchan contends he was not informed that the minimum prison term could be up to 40% of the maximum prison term.

Generally, this court will not consider a challenge to the validity of a guilty plea on direct appeal from a judgment of conviction. Bryant v. State, 102 Nev. 268, 272, 721 P.2d 364, 367-68 (1986) (noting that the test for reviewing the validity of guilty pleas “is essentially factual in nature”), as limited by Smith v. State, 110 Nev. 1009, 1010 n.1, 879 P.2d 60, 61 n.1 (1994). Instead, a defendant must raise a challenge to the validity of their guilty plea in the district court in the first instance unless the error clearly appears from the record. Smith, 110 Nev. at 1010 n.1, 879 P.2d at 61 n.1. Here, Houchan did not raise his claim in the district court in the first instance and the alleged error does not clearly appear in the record. Therefore, we decline to consider this claim for the first time on appeal. Accordingly, we

ORDER the judgment of conviction AFFIRMED.

Bulla, C. J.

Gibbons, J.

Westbrook, J.