Opinion
No. 71951
11-14-2017
EDMUNDO ANTONIO ZUNIGA, Appellant, v. BRIAN WILLIAMS, WARDEN; AND THE STATE OF NEVADA, Respondents.
ORDER OF AFFIRMANCE
Edmundo Antonio Zuniga appeals from an order of the district court denying the postconviction petition for a writ of habeas corpus he filed on October 31, 2013. Second Judicial District Court, Washoe County; Lidia Stiglich, Judge.
This appeal has been submitted for decision without oral argument. NRAP 34(f)(3).
Zuniga filed his petition nearly seven years after entry of the judgment of conviction on December 15, 2006, Thus, Zuniga's petition was untimely filed. See NRS 34.726(1). Zuniga's petition was procedurally barred absent a demonstration of good cause—cause for the delay and undue prejudice. See id.
Zuniga did not file a direct appeal.
Zuniga claimed he had good cause because trial counsel failed to inform him of his right to appeal. Zuniga failed to demonstrate good cause to overcome the procedural bars because this claim could have been raised in a previous petition. See Hathaway v. State, 119 Nev. 248, 252, 71 P.3d 503, 506 (2003). In fact, Zuniga did previously raise this claim in a prior untimely petition. Therefore, the district court did not err by denying this good-cause claim.
Zuniga did not challenge the denial of this good cause claim on appeal from the denial of that petition. See Zuniga v. State, Docket No. 59193 (Order of Affirmance, November 15, 2012). --------
To the extent Zuniga argues on appeal he had good cause to overcome the procedural bars because he only recently learned English, this claim was not raised in his petition below. Because this claim was not raised below, we decline to consider it for the first time on appeal. See McNelton v. State, 115 Nev. 396, 416, 990 P.2d 1263, 1276 (1999). Accordingly, we conclude 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.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Chief Judge, Second Judicial District Court
Second Judicial District Court, Dept. 8
Edmundo Antonio Zuniga
Attorney General/Carson City
Washoe County District Attorney
Washoe District Court Clerk