Opinion
84408-COA
10-21-2022
MOHAMED ABDALLA MAHMOUD, Appellant, v. THE STATE OF NEVADA, Respondent.
UNPUBLISHED OPINION
ORDER OF AFFIRMANCE
Mohamed Abdalla Mahmoud appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus filed on December 2, 2021. Eighth Judicial District Court, Clark County; Jerry A. Wiese, Chief Judge.
Mahmoud's pleading was captioned as a postsentence motion to withdraw guilty plea. The district court properly construed the pleading as a postconviction petition for a writ of habeas corpus. See Harris v. State, 130 Nev. 435, 448-49, 329 P.3d 619, 628 (2014).
Mahmoud filed his petition more than two years after entry of the judgment of conviction on September 5, 2019. Thus, Mahmoud's petition was untimely filed. See NRS 34.726(1). Mahmoud's petition was procedurally barred absent a demonstration of good cause-cause for the delay and undue prejudice. See id. Mahmoud failed to allege good cause to overcome the procedural bar. Therefore, we conclude the district court did not err by denying his petition, and we
Mahmoud did not pursue a direct appeal.
ORDER the judgment of the district court AFFIRMED.
The district court failed to address the procedural bar and instead addressed Mahmoud's claims on the merits. We conclude this was error. See State v. Eighth Judicial DisL Court (Riker), 121 Nev. 225, 231, 112 P.3d 1070, 1074 (2005) ("Application of the statutory procedural default rules to post-conviction habeas petitions is mandatory."). We nevertheless affirm the district court's denial of relief for the reasons stated herein. See Wyatl. u, State, 86 Nev. 294, 298, 468 P.2d 338, 341 (1970) (holding a correct result will not be reversed simply because it is based on the wrong reason).
Gibbons, CJ. Tao, J. Bulla, J.
Hon. Jerry A. Wiese, Chief Judge