Opinion
No. 66972
12-18-2015
VICTOR CRUZ-REYES, Appellant, v. D. W. NEVEN, WARDEN, Respondent.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER OF AFFIRMANCE
This is an appeal from a district court order denying appellant's postconviction petition for a writ of habeas corpus. Second Judicial District Court, Washoe County; David A. Hardy, Judge.
Appellant contends that the district court erred by denying his claim that counsel was ineffective for misrepresenting his sentence. See Strickland v. Washington, 466 U.S. 668, 697 (1984) (setting forth a two-step test for claims of ineffective assistance of counsel). Appellant asserts that counsel told him he would only have to serve 8 to 15 years of his sentence of 10 years to life imprisonment. The district court conducted an evidentiary hearing on this claim, where appellant, members of his family, and his former counsel testified. The district court determined that appellant and his family members were not credible and that trial counsel's testimony was credible and demonstrated that he did not misrepresent the sentence. Appellant fails to demonstrate that the district court's credibility determinations are clearly wrong, see Lader v. Warden, 121 Nev. 682, 686, 120 P.3d 1164, 1166 (2005), and therefore, he fails to demonstrate that the district court erred by denying his petition, see Hill v. Lockhart, 474 U.S. 52, 58-59 (1985) (holding that the Strickland test applies to guilty pleas); Kirksey v. State, 112 Nev. 980, 988, 923 P.2d 1102, 1107 (1996). Accordingly, we
ORDER the judgment of the district court AFFIRMED.
/s/_________, J.
Saitta
/s/_________, J.
Gibbons
/s/_________, J.
Pickering cc: Hon. David A. Hardy, District Judge
Edward T. Reed
Attorney General/Carson City
Washoe County District Attorney
Washoe District Court Clerk