AISHA YVONNE THOMAS v. THE STATE OF NEVADA (2025)

ORDER DISMISSING APPEAL

This is an appeal from a judgment of conviction, pursuant to a guilty plea. Eighth Judicial District Court, Clark County; Jacqueline M. Bluth, Judge. The State has filed an unopposed motion to dismiss this appeal contending that appellant waived all rights to appeal the conviction or resulting sentence, including pre-plea issues, by pleading guilty.

On July 9, 2024, appellant entered into a guilty plea agreement wherein appellant pleaded guilty to one count of first-degree murder and two counts of child abuse, neglect, or endangerment resulting in substantial bodily or mental harm. Pursuant to the plea agreement, appellant stipulated to a sentence of life with the possibility of parole for count one but allowed the parties to argue regarding the sentences on two remaining counts, including whether those sentences would run concurrent or consecutively to each other and the sentence for count one. In exchange for appellant's guilty plea, the State dismissed additional counts pending against appellant. The plea agreement further provided that appellant waived “[t]he right to appeal the conviction or resulting sentence,” including the “right to a direct appeal of th[e] prosecution, conviction, or any aspect of the resulting sentence.” Appellant signed the written plea agreement that acknowledged appellant was entering into the agreement voluntarily after consultation with counsel.

Criminal defendants may waive their right to a direct appeal as long as their waiver was entered knowingly and voluntarily. See Cruzado v. State, 110 Nev. 745, 747, 879 P.2d 1195, 1195 (1994) (providing that a “knowing and voluntary waiver of the right to appeal made pursuant to a plea bargain is valid and enforceable”), overruled on other grounds by Lee v. State, 115 Nev. 207, 985 P.2d 164 (1999). In this case, the record indicates that appellant knowingly and voluntarily agreed to waive her appeal rights when she entered into the agreement, and thus the waiver is valid and enforceable. Accordingly, we grant the State's unopposed motion and we ORDER this appeal DISMISSED.¹

Herndon, C.J.

Parraguirre, J.

Stiglich, J.

FOOTNOTES

1.   Given our disposition, we deny respondent's motion for an enlargement of time to file the fast track answering brief as moot.