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RUVALCABA v. STATE

No. 44106.

143 P.3d 468 (2006)

Salvador RUVALCABA, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

October 5, 2006.

Attorney(s) appearing for the Case

Kirk T. Kennedy, Las Vegas, for Appellant.

George Chanos, Attorney General, Carson City; David J. Roger, District Attorney, and Bill A. Berrett and James Tufteland, Chief Deputy District Attorneys, Clark County, for Respondent.

Before MAUPIN, GIBBONS and HARDESTY, JJ.

OPINION

MAUPIN, J.

In this opinion, we hold that a sentencing judge does not necessarily violate Martinez v. State1 by considering a criminal defendant's status as an illegal alien when determining whether to grant or deny a request for probation.

FACTS AND PROCEDURAL HISTORY

On June 9, 2004, as part of a plea negotiation with the State, appellant Salvador Ruvalcaba entered a guilty plea...

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