Opinion
No. 66638
02-24-2015
CHARLES LEE CLARK, Appellant, v. THE STATE OF NEVADA, Respondent.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER OF AFFIRMANCE
This is an appeal from an order of the district court denying a post-conviction petition for a writ of habeas corpus. Second Judicial District Court, Washoe County; Patrick Flanagan, Judge.
This appeal has been submitted for decision without oral argument, NRAP 34(f)(3), and we conclude that the record is sufficient for our review and briefing is unwarranted. See Luckett v. Warden, 91 Nev. 681, 682, 541 P.2d 910, 911 (1975).
Appellant filed his petition on March 24, 2014, more than one year after entry of the judgment of conviction on March 14, 2013. Thus, appellant's petition was untimely filed. See NRS 34.726(1); Gonzales v. State, 118 Nev. 590, 593-94, 53 P.3d 901, 902-03 (2002). Moreover, appellant's petition was successive because he had previously filed a post-conviction petition for a writ of habeas corpus, and it constituted an abuse of the writ as he raised claims new and different from those raised in his previous petition. See NRS 34.810(2). Appellant's petition was procedurally barred absent a demonstration of good cause and actual prejudice. See NRS 34.726(1); NRS 34.810(3). Appellant did not attempt to demonstrate good cause. Therefore, the district court did not err in denying the petition. Accordingly, we
No direct appeal was taken.
Clark v. State, Docket No. 65607 (Order of Affirmance, September 18, 2014).
The district court denied the petition because the appeal from the denial of appellant's previous petition was pending before the Nevada Supreme Court. However, as discussed previously, the petition should have been denied due to application of the procedural bars. See State v. Eighth Judicial Dist. Court (Riker), 121 Nev. 225, 231, 112 P.3d 1070, 1074 (2005). Nevertheless, the district court reached the right result in denying the petition, and therefore, we affirm. See Wyatt v. State, 86 Nev. 294, 298, 468 P.2d 338, 341 (1970).
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ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Silver
cc: Hon. Patrick Flanagan, District Judge
Charles Lee Clark
Attorney General/Carson City
Washoe County District Attorney
Washoe District Court Clerk