Opinion
No. 61665
2013-09-19
BARTELL DONOVAN, JR., 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 a proper person appeal from an order of the district court dismissing a post-conviction petition for a writ of habeas corpus. Fifth Judicial District Court, Nye County; Kimberly A. Wanker, 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).
In his petition filed on November 10, 2011, appellant first claimed that he was denied the right to represent himself and the search of his hotel room was illegal. These claims fell outside the scope of claims permissible in a post-conviction petition challenging the validity of a judgment of conviction arising from a guilty plea. See NRS 34.810(1)(a).
Next, appellant claimed that he received ineffective assistance of counsel because he was shuffled between several attorneys. Appellant failed to demonstrate that his counsel were deficient or that he was prejudiced. See Hill v. Lockhart, 474 U.S. 52, 58-59 (1985); Kirksey v. State, 112 Nev. 980, 987-88, 923 P.2d 1102, 1107 (1996).
Finally, appellant claimed that his counsel failed to inform him of the right to a direct appeal. The written guilty plea agreement informed appellant of the limited right to appeal the conviction. See Davis v. State, 115 Nev. 17, 20, 974 P.2d 658, 660 (1999). Accordingly, we
ORDER the judgment of the district court AFFIRMED.
______________________, J.
Gibbons
______________________, J.
Douglas
______________________, J.
Saitta
cc: Hon. Kimberly A. Wanker, District Judge
Bartell Donovan, Jr.
Nye County District Attorney
Attorney General/Carson City
Nye County Clerk