Opinion
No. 74096
08-24-2018
BARRON HAMM, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Barron Hamm appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus filed on May 17, 2017. Eighth Judicial District Court, Clark County; Kenneth C. Cory, Judge.
This appeal has been submitted for decision without oral argument and we conclude the record is sufficient for our review and briefing is unwarranted. NRAP 34(f)(3), (g). --------
Hamm filed his petition seven years after entry of the judgment of conviction on May 20, 2010. No timely direct appeal was taken. Hamm's petition was therefore untimely filed and procedurally barred absent a demonstration of good cause—cause for the delay and undue prejudice. See NRS 34.726(1); Dickerson v. State, 114 Nev. 1084, 1087, 967 P.2d 1132, 1133-34 (1998) (holding the statute of limitation begins to run from the later of the issuance of the remittitur from a timely direct appeal or the entry of the judgment of conviction). Hamm did not attempt to demonstrate good cause to excuse his delay. We therefore conclude the district court did not err by denying the petition as procedurally barred, and we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Kenneth C. Cory, District Judge
Barron Hamm
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk