Opinion
No. 79846-COA
08-12-2020
Kevin J. BEAGLES, Appellant, v. The STATE of Nevada, Respondent.
Kevin J. Beagles Attorney General/Carson City Clark County District Attorney
Kevin J. Beagles
Attorney General/Carson City
Clark County District Attorney
ORDER OF AFFIRMANCE
Kevin J. Beagles appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus filed on June 21, 2019. Eighth Judicial District Court, Clark County; Mary Kay Holthus, Judge.
Beagles filed his petition more than three years after entry of the order for revocation of probation and amended judgment of conviction on December 17, 2015. Thus, Beagles’ petition was untimely filed. See NRS 34.726(1). Beagles’ petition was procedurally barred absent a demonstration of good cause—cause for the delay and undue prejudice. See id. Further, because the State specifically pleaded laches, Beagles was required to overcome the rebuttable presumption of prejudice to the State. See NRS 34.800(2).
Beagles did not appeal from the amended judgment of conviction.
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Beagles claimed he had good cause to excuse the procedural time bar because he did not know that he could appeal from the order for revocation of probation and amended judgment of conviction. Beagles’ alleged ignorance did not constitute good cause because it was not "an impediment external to the defense." See Hathaway v . State, 119 Nev. 248, 252, 71 P.3d 503, 506 (2003). To the extent Beagles claimed counsel's deficiency in failing to appeal from the order for revocation of probation and amended judgment of conviction constituted good cause, that allegation itself was procedurally barred and thus could not constitute good cause. See id. Further, Beagles failed to overcome the presumption of prejudice to the State pursuant to NRS 34.800(2). We therefore conclude the district court did not err by denying Beagles’ petition as procedurally time barred, and we
ORDER the judgment of the district court AFFIRMED.