80181 - BANKA (JACK) VS. STATE

Date: Thursday, September 17, 2020 11:30 AM
Duration: 30 min

Location: Las Vegas

Details/Synopsis: This is an appeal from a judgment of conviction, pursuant to an Alford plea. The State charged appellant Jack Banka by information for one count of "driving and/or being in actual physical control of a motor vehicle while under the influence of an intoxicating liquor or alcohol resulting in substantial bodily harm," which the State cited to as a "Category B Felony ? NRS 484C.110, 484C.430." Banka pleaded guilty pursuant to an Alford plea, and the district court accepted the plea after canvassing Banka. However, after obtaining new counsel, Banka filed a motion in arrest of judgment alleging that the State's commingling of two crimes by substituting NRS 484C.110's "on a highway or on premises to which the public has access" for NRS 484C.430's "on or off the highways" thereby failing to charge an offense and claiming that the district court lacked subject matter jurisdiction. Banka also filed a motion to withdraw the previously entered guilty plea, alleging that he did not understand the nature and consequences of the offense and that his prior counsel was ineffective. The district court denied both motions. Banka appeals. ISSUES: Whether (1) the district court erred by rejecting Banka's claim that the State's commingling of elements from two separate DUI crimes did not charge a legal offense and thus failed to confer subject matter jurisdiction on the court, and (2) the district court abused its discretion by denying Banka's motion to withdraw his guilty plea. (Disclaimer: This synopsis is intended to provide only general information about this case before the Nevada Supreme Court. It is not intended to be all-inclusive or reflect all positions of the parties. To access the documents that have been filed in this matter, type the docket number into the court’s case search page: http://caseinfo.nvsupremecourt.us/public/caseSearch.do)