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Perez-Lazaro v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Oct 19, 2016
No. 70226 (Nev. App. Oct. 19, 2016)

Opinion

No. 70226

10-19-2016

HECTOR PEREZ-LAZARO, Appellant, v. THE STATE OF NEVADA, Respondent.


ORDER OF AFFIRMANCE

This is an appeal from an order of the district court denying a postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Douglas W. Herndon, Judge.

This appeal has been submitted for decision without oral argument. NRAP 34(f)(3).

Appellant Hector Perez-Lazaro filed his petition on January 7, 2016, nearly three years after entry of the judgment of conviction on May 1, 2013. Thus, Perez-Lazaro's petition was untimely filed. See NRS 34.726(1). Perez-Lazaro's petition was procedurally barred absent a demonstration of good cause—cause for the delay and undue prejudice. See id.

No direct appeal was filed. --------

Perez-Lazaro claims the district court erred by denying his petition because he demonstrated good cause and prejudice to overcome the procedural bars. Perez-Lazaro claims he had good cause because he received ineffective assistance of counsel and because English is his second language.

We conclude Perez-Lazaro failed to demonstrate good cause to overcome the procedural bars. He failed to demonstrate an impediment external to the defense or why he could not have filed his ineffective assistance of counsel claims in a timely petition. See Hathaway v.. State, 119 Nev. 248, 252, 71 P.3d 503, 506 (2003) (a petitioner must show an impediment external to the defense prevented him from filing a timely petition and a procedurally defaulted claim of ineffective assistance of counsel cannot constitute good cause). Further, he failed to support his claim regarding his language barrier with specific facts that, if true, would entitle him to relief. See Hargrove v. State, 100 Nev. 498, 502-03, 686 P.2d 222, 225 (1984). Therefore, the district court did not err in denying the petition as procedurally barred, and we

ORDER the judgment of the district court AFFIRMED.

/s/_________, C.J.

Gibbons

/s/_________, J.

Tao

/s/_________, J.

Silver cc: Hon. Douglas W. Herndon, District Judge

Hector Perez-Lazaro

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk


Summaries of

Perez-Lazaro v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Oct 19, 2016
No. 70226 (Nev. App. Oct. 19, 2016)
Case details for

Perez-Lazaro v. State

Case Details

Full title:HECTOR PEREZ-LAZARO, Appellant, v. THE STATE OF NEVADA, Respondent.

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Oct 19, 2016

Citations

No. 70226 (Nev. App. Oct. 19, 2016)