Opinion
No. 80027
12-16-2020
SAMUEL GOMEZ, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF REVERSAL AND REMAND
This is an appeal from a district court order denying a postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Mary Kay Holthus, Judge.
Appellant Samuel Gomez contends that the district court abused its discretion by denying his petition without appointing counsel. We agree. See NRS 34.750(1). Gomez's petition indicated that he did not comprehend the proceedings or understand English. Gomez relied on an interpreter during trial. Gomez received a significant sentence, this was his first petition challenging his judgment of conviction and was accompanied by a certification of indigency, and he raised claims that arguably require the assistance of counsel to conduct discovery. Accordingly, we conclude that the district court abused its discretion when it denied Gomez's request for counsel. See id; Renteria-Novoa v. State, 133 Nev. 75, 76, 391 P.3d 760, 760-61 (2017). We therefore
ORDER the judgment of the district court REVERSED AND REMAND this matter to the district court for proceedings consistent with this order.
/s/_________, J.
Gibbons
/s/_________, J.
Stiglich
/s/_________, J.
Silver cc: Hon. Mary Kay Holthus, District Judge
Emily K. Strand
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk