Opinion
82942-COA
02-03-2022
GARY LYNN LEWIS, Appellant, v. THE STATE OF NEVADA, Respondent.
Gary Lynn Lewis Attorney General/Carson City
UNPUBLISHED OPINION
Gary Lynn Lewis Attorney General/Carson City
ORDER OF AFFIRMANCE
Gibbons, C.J.
Gary Lynn Lewis appeals from an order of the district court denying a petition to establish factual innocence filed on January 5, 2021. Eighth Judicial District Court, Clark County; Michelle Leavitt, Judge.
Lewis claims the district court erred by denying his petition without conducting an evidentiary hearing or sua sponte appointing 1 counsel. In bis petition, Lewis claimed the State possessed exculpatory ! evidence, his Alford plea was invalid, and he received ineffective assistance I of counsel. Lewis failed to identify any newly discovered evidence that would establish his factual innocence. Therefore, we conclude the district ! court did not err by denying Lewis's petition. See NRS 34.960(2) (requiring the petition to assert newly discovered evidence that establishes factual innocence); see also NRS 34.930 ("'Newly discovered evidence' means evidence that was not available to a petitioner at trial or during the resolution by the trial court of any motion to withdraw a guilty plea or motion lot' new trial . . . ."). We further conclude the district court did not err when it failed to order an evidentiary hearing or appoint counsel. See NRS 34.970(3) (providing for an evidentiary hearing only after the pleading requirements of NRS 34.960 have been satisfied); NRS 34.980 (allowing the court to appoint counsel only after granting a hearing).
Worth Carolina v. Alford, 400 U.S. 25 (1970).
For the foregoing reasons, we conclude Lewis is not entitled to relief, and we
ORDER the judgment of the district court AFFIRMED.
Tao, Bulla, JJ.
Hon. Michelle Leavitt, District Judge