Opinion
No. 77675-COA
07-16-2019
MICHAEL JOSEPH KLEIN, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Michael Joseph Klein appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus. Second Judicial District Court, Washoe County; Kathleen M. Drakulich, Judge.
This appeal has been submitted for decision without oral argument. NRAP 34(f)(3).
Klein filed his petition on March 26, 2018, more than 16 years after entry of the judgment of conviction on February 14, 2002. Thus, Klein's petition was untimely filed. See NRS 34.726(1). Klein's petition was procedurally barred absent a demonstration of good cause—cause for the delay and undue prejudice. See id.
Klein did not pursue a direct appeal.
In his petition, Klein requested the district court to "remove" his conviction. Such a request was not based on an allegation that Klein's plea was involuntarily or unknowingly entered or that his plea was entered without the effective assistance of counsel and, therefore, was not permissible in a postconviction petition for a writ of habeas corpus stemming from a guilty plea. See NRS 34.810(1)(a). To the extent Klein's request could be construed as a proper challenge to his conviction, Klein did not demonstrate cause for the entire delay in filing his petition. See Hargrove v. State, 100 Nev. 498, 502-03, 686 P.2d 222, 225 (1984). Finally, to the extent Klein's petition could be construed as a motion to modify or correct an illegal sentence, his claims fell outside the narrow scope of claims that may be raised in such a motion. See Edwards v. State, 112 Nev. 704, 708 918 P.2d 321, 324 (1996). Therefore, the district court did not err by denying the petition. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
Klein also appears to argue that California has improperly directed him to register as a sex offender. However, Klein did not raise this claim before the district court and we decline to consider it in the first instance on appeal. See McNelton v. State, 115 Nev. 396, 416, 990 P.2d 1263, 1276 (1999). --------
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Bulla cc: Hon. Kathleen M. Drakulich, District Judge
Michael Joseph Klein
Attorney General/Carson City
Washoe County District Attorney
Washoe District Court Clerk