Opinion
No. 57919.
07-13-2011
Duane A. JONES, Appellant, v. The STATE of Nevada, Respondent.
Duane A. Jones Attorney General/Carson City Clark County District Attorney
Duane A. Jones
Attorney General/Carson City
Clark County District Attorney
ORDER OF AFFIRMANCE
This is a proper person appeal from an order denying a postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Jackie Glass, Judge.
This appeal has been submitted for decision without oral argument, NRAP 34(f)(3), and we conclude that the record is sufficient for our review and briefing is unwarranted. See Luckett v. Warden, 91 Nev. 681, 682, 541 P.2d 910, 911 (1975).
Appellant filed his petition on December 23, 2010, more than three years after entry of the judgment of conviction on April 5, 2007, and more than two years after entry of the order revoking probation and amending the judgment of conviction on March 31, 2008. Thus, appellant's petition was untimely filed. See NRS 34.726(1) ; Sullivan v. State, 120 Nev. 537, 541, 96 P.3d 761, 764 (2004). Appellant's petition was procedurally barred absent a demonstration of cause for the delay and undue prejudice. See NRS 34.726(1). Appellant did not attempt to demonstrate good cause for the delay. Therefore, we conclude that the district court did not err in denying the petition as procedurally barred. Accordingly, we
No appeals were taken from these judgments.
Appellant did not specify if his ground for relief related to the guilt phase or the revocation of his probation. In either event, the petition was untimely as described above.
ORDER the judgment of the district court AFFIRMED.