Opinion
No. 62829
02-12-2014
MARK ALAN LAURIA, Appellant, v. THE STATE OF NEVADA, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 a proper person appeal from an order of the district court denying a post-conviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Douglas W. Herndon, 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 September 6, 2012, more than one year after entry of the judgment of conviction on April 11, 2011. Thus, appellant's petition was untimely filed. See NRS 34.726(1). Appellant's petition was procedurally barred absent a demonstration of good cause—cause for the delay and undue prejudice. See id.
In an attempt to demonstrate good cause, appellant claimed that he believed that an appeal had been filed and that he filed the petition within a reasonable time after finding out that trial counsel had failed to file an appeal. Specifically, he claimed that during pretrial proceedings, counsel assured him that the denial of his motions would be raised on appeal, and that at some point, he was told over the phone that an appeal had been filed.
Appellant failed to demonstrate good cause because he failed to demonstrate that he believed that an appeal had been filed on his behalf. Hathaway v. State, 119 Nev. 248, 253-54, 71 P.3d 503, 507 (2003). First, appellant pleaded guilty and waived his right to appeal issues that occurred prior to pleading. Second, at the evidentiary hearing, both of appellant's counsel testified that appellant never asked them to appeal. Further, they testified that there were no non-frivolous issues to raise. Therefore, the district court did not err in denying the petition as procedurally barred, and we
ORDER the judgment of the district court AFFIRMED.
__________________________, J.
Pickering
__________________________, J.
Parraguirre
__________________________, J.
Saitta
cc: Hon. Douglas W. Herndon, District Judge
Mark Alan Lauria
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk