Opinion
83965-COA
08-26-2022
JOSE ALBERTO CANDELAS, Appellant, v. TIM GARRETT, Respondent.
UNPUBLISHED OPINION
ORDER OF AFFIRMANCE
GIBBONS, C.J.
Jose Alberto Candelas appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus filed on August 27, 2021. Eighth Judicial District Court, Clark County; Joseph Hardy, Jr., Judge.
Candelas's petition was filed more than one year after issuance of the remittitur on direct appeal on August 7, 2020. See Candelas v. State, No. 78249-COA, 2020 WL 3969695 (Nev. Ct. App. July 13, 2020) (Order of Affirmance). Thus, Candelas's petition was untimely filed. See NRS 34.726(1). Candelas's petition was procedurally barred absent a demonstration of good cause and actual prejudice. See NRS 34.726(1); NRS 34.810(3). Candelas failed to allege good cause to overcome the procedural bar. Therefore, we conclude the district court did not err by denying his petition as procedurally barred, and we
ORDER the judgment of the district court AFFIRMED.
Tao J., Bulla J.
Hon. Joseph Hardy, Jr., District Judge.