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Francisco Javier Arce-Franco v. The State of Nevada
Date: 07-19-2025
Case Number: 89403-COA
Judge: Christy L. Craig
Court: Eighth Judicial District Court, Clark County, Nevada
Plaintiff's Attorney: Clark County Nevada District Attorney's Office
Defendant's Attorney:
Click Here For The Best Las Vegas Criminal Defense Law Lawyer Directory
Description:
Las Vegas, Nevada criminal defense lawyer represented the Defendant charged with burglary.
Francisco Javier Arce-Franco entered an Alfrod plea.
Arce-Franco moved to withdraw his plea.
A defendant may move to withdraw a guilty plea[2] before sentencing, NRS 176.165. and the district court may grant the motion "for any reason where permitting withdrawal would be fair and just," Stevenson v. State, 131 Nev. 598, 604, 354 P.3d 1277, 1281 (2015).
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Legal issue Can a defendant withdraw a guilty plea before sentencing if they later find the agreed probation conditions undesirable?
Headnote
CRIMINAL LAW. PLEA WITHDRAWAL. This case addresses the legal standard for withdrawing a guilty plea before sentencing, focusing on the requirement for the district court to evaluate the totality of the circumstances to determine if withdrawal would be fair and just, rather than focusing solely on the plea's validity.
CRIMINAL LAW. PROBATION CONDITIONS. The case examines the district court's discretion in imposing statutory probation conditions (under NRS 176A.410), even when a defendant has not been convicted of a sexual offense, and outlines how such conditions can be agreed upon as part of a plea deal.
Key Phrases Presentence motion to withdraw. Alford plea. Statutory probation conditions. Totality of the circumstances. Broad discretion to impose conditions.
Francisco Javier Arce-Franco entered an Alfrod plea.
Arce-Franco moved to withdraw his plea.
A defendant may move to withdraw a guilty plea[2] before sentencing, NRS 176.165. and the district court may grant the motion "for any reason where permitting withdrawal would be fair and just," Stevenson v. State, 131 Nev. 598, 604, 354 P.3d 1277, 1281 (2015).
* * *
Legal issue Can a defendant withdraw a guilty plea before sentencing if they later find the agreed probation conditions undesirable?
Headnote
CRIMINAL LAW. PLEA WITHDRAWAL. This case addresses the legal standard for withdrawing a guilty plea before sentencing, focusing on the requirement for the district court to evaluate the totality of the circumstances to determine if withdrawal would be fair and just, rather than focusing solely on the plea's validity.
CRIMINAL LAW. PROBATION CONDITIONS. The case examines the district court's discretion in imposing statutory probation conditions (under NRS 176A.410), even when a defendant has not been convicted of a sexual offense, and outlines how such conditions can be agreed upon as part of a plea deal.
Key Phrases Presentence motion to withdraw. Alford plea. Statutory probation conditions. Totality of the circumstances. Broad discretion to impose conditions.
Outcome:
Affirmed
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of Francisco Javier Arce-Franco v. The State of Nevada?
The outcome was: Affirmed
Which court heard Francisco Javier Arce-Franco v. The State of Nevada?
This case was heard in Eighth Judicial District Court, Clark County, Nevada, NV. The presiding judge was Christy L. Craig.
Who were the attorneys in Francisco Javier Arce-Franco v. The State of Nevada?
Plaintiff's attorney: Clark County Nevada District Attorney's Office. Defendant's attorney: Click Here For The Best Las Vegas Criminal Defense Law Lawyer Directory.
When was Francisco Javier Arce-Franco v. The State of Nevada decided?
This case was decided on July 19, 2025.