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Bradford v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Dec 14, 2017
No. 73116 (Nev. App. Dec. 14, 2017)

Opinion

No. 73116

12-14-2017

RICHARD O. BRADFORD, JR., Appellant, v. THE STATE OF NEVADA, Respondent.


ORDER OF AFFIRMANCE

Richard O. Bradford, Jr. appeals from an order of the district court denying the postconviction petition for a writ of habeas corpus he filed on January 17, 2017. Eighth Judicial District Court, Clark County; Michael Villani, Judge.

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

Bradford claims the district court erred by denying his petition. In his petition, it appears Bradford claimed his plea should be withdrawn because he was not guilty, there were double jeopardy and involuntary servitude violations, the district court based its sentence on his prior convictions, and he is serving more time than he was sentenced to serve. Bradford failed to support his claims 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). Further, the claim regarding his sentencing and the claim he is serving more time than he was sentenced to serve do not challenge the validity of the plea or allege his plea was entered without the effective assistance of counsel. Therefore, these claims were outside the scope of claims permissible to be raised in a postconviction petition for a writ of habeas corpus challenging a judgment of conviction entered pursuant to a guilty plea. See NRS 34.810(1)(a). Accordingly, we conclude the district court did not err by denying Bradford's petition, and we

ORDER the judgment of the district court AFFIRMED.

We conclude the district court did not abuse its discretion by declining to appoint counsel to represent Bradford in this matter. See NRS 34.750(1); Renteria-Novoa, 133 Nev. ___, ___, 391 P.3d 760-61 (2017). --------

/s/_________, C.J.

Silver

/s/_________, J.

Tao

/s/_________, J.

Gibbons cc: Hon. Michael Villani, District Judge

Richard O. Bradford, Jr.

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk


Summaries of

Bradford v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Dec 14, 2017
No. 73116 (Nev. App. Dec. 14, 2017)
Case details for

Bradford v. State

Case Details

Full title:RICHARD O. BRADFORD, JR., Appellant, v. THE STATE OF NEVADA, Respondent.

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Dec 14, 2017

Citations

No. 73116 (Nev. App. Dec. 14, 2017)