VALENTINA MONEE KNIGHT v. THE STATE OF NEVADA (2023)

ORDER OF AFFIRMANCE AND REMANDING TO CORRECT JUDGMENT OF CONVICTION

Valentina Monee Knight appeals from a third amended judgment of conviction, entered pursuant to a guilty plea, of attempted burglary. Eighth Judicial District Court, Clark County; Monica Trujillo, Judge.

Knight argues that her plea was invalid because she did not commit attempted burglary as a matter of law. The State argues, and Knight does not dispute, that she waived her right to appeal as part of her plea agreement. Knight does not argue that her plea was not made knowingly and voluntarily, that her claim is outside the scope of the waiver, or that denying her the right to appeal would work a miscarriage of justice. Therefore, we conclude Knight's claim is waived. See Burns v. State, 137 Nev., Adv. Op. 50, 495 P.3d 1091, 1099-1100 (2021).¹

Finally, the parties agree that the judgment of conviction contains a clerical error: it incorrectly cites only NRS 205.060, the burglary statute, despite Knight pleading guilty only to attempted burglary. NRS 176.105(1)(c) requires the judgment of conviction to contain “the statute under which the defendant is sentenced and, if necessary to determine eligibility for parole, the applicable provision of the statute.” Because the district court has the authority to correct a clerical error at any time, see NRS 176.565, we direct the district court, upon remand, to enter a corrected judgment of conviction referencing the statutes necessary to reflect Knight's conviction and sentence for attempted burglary.

For the foregoing reasons, we

ORDER the judgment of conviction AFFIRMED and REMAND to the district court to correct the judgment of conviction.

Gibbons, C.J.

Bulla, C.J.

Westbrook, J.

FOOTNOTES

1.   We note that Knight entered her plea on October 18, 2021, and the Burns decision was issued on September 23, 2021.