Opinion
No. 57713.
07-13-2011
Terrance R. LANDRY, Appellant, v. The STATE of Nevada, Respondent.
Terrance R. Landry Attorney General/Carson City Clark County District Attorney
Terrance R. Landry
Attorney General/Carson City
Clark County District Attorney
ORDER OF AFFIRMANCE
This is a proper person appeal from an order of the district court dismissing a post-conviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Linda Marie Bell, 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 October 22, 2010, more than 2 years after entry of the judgment of conviction on August 26, 2008. Thus, appellant's petition was untimely filed and procedurally barred absent a demonstration of cause for the delay and undue prejudice. See NRS 34.726(1). Appellant provided no explanation for his delay. Further, appellant's claim that his prosecution violated NRS 171.070, was outside the scope of claims permissible in a post-conviction petition for a writ of habeas corpus challenging a judgment of conviction based on a guilty plea. NRS 34.810(l)(a). Accordingly, we
No direct appeal was taken.
The district court correctly construed the petition to be a post-conviction petition for a writ of habeas corpus because appellant challenged the validity of the judgment of conviction and sentence. NRS 34.724(2)(b). We further conclude that the district court did not err in denying his request for a writ of mandamus or declaratory judgment. NRS 34.170.
ORDER the judgment of the district court AFFIRMED.