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