Opinion
No. 62386
2013-09-18
MATTHEW HARGRAVE, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 denying a post-conviction petition for a writ of habeas corpus.Eighth Judicial District Court, Clark County; Linda Marie Bell, 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 October 29, 2012, more than two years after entry of the judgment of conviction on March 26, 2010.Thus, appellant's petition was untimely filed and procedurally barred absent a demonstration of good cause—cause for the delay and undue prejudice. See NRS 34.726(1).
No direct appeal was taken.
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Appellant appeared to assert that he had good cause due to counsel's failure to inform him of his right to file a direct appeal. The failure to provide information about an appeal does not provide good cause for a late petition. See Hathaway v. State, 119 Nev. 248, 252-53, 71 P.3d 503, 506 (2003). In addition, appellant was informed of his limited right to file a direct appeal in the guilty plea agreement. Therefore, the district court did not err in denying the petition as procedurally barred. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
________, J.
Gibbons
________, J.
Douglas
________, J.
Saitta
cc: Hon. Linda Marie Bell, District Judge
Matthew Hargrave
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk