Opinion
No. 69259
06-22-2016
LESTER EUGENE SELANDER, JR., Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
This is an appeal from a district court order denying a post-sentence motion to withdraw a guilty plea. Eighth Judicial District Court, Clark County; Douglas Smith, Judge.
This appeal has been submitted for decision without oral argument. NRAP 34(f)(3).
Appellant Lester Selander, Jr., claims the district court erred by denying his motion to withdraw his guilty plea because defense counsel was ineffective for coercing the plea and failing to investigate the possibility of a statute-of-limitations defense.
We conclude the district court properly construed Selander's motion as a postconviction petition for a writ of habeas corpus. See Harris v. State, 130 Nev. ___, ___, 329 P.3d 619, 628 (2014) (holding postconviction petitions for writs of habeas corpus provide the exclusive remedy for challenging the validity of guilty pleas made after sentencing).
Selander's September 28, 2015, motion was untimely because it was filed more than two years after entry of the judgment of conviction on July 22, 2013. See NRS 34.726(1). Consequently, Selander's motion was procedurally barred absent a demonstration of good cause—cause for the delay and undue prejudice. See id.
Selander's direct appeal was dismissed for lack of jurisdiction because the notice of appeal was untimely filed. Selander v. State, Docket No. 66053 (Order Dismissing Appeal, July 25, 2014). Accordingly, the proper date for measuring the timeliness of his habeas petition is the date the judgment of conviction was entered. See Dickerson v. State, 114 Nev. 1084, 1087, 967 P.3d 1132, 1133-34 (1998).
Selander made no attempt to demonstrate good cause and actual prejudice, and he has not shown that the district court erred by dismissing his petition as procedurally barred. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
We have reviewed all documents Selander has submitted in this matter, and we conclude no relief based upon those submissions is warranted. To the extent Selander has attempted to present claims or facts in those submissions which were not previously presented in the proceedings below, we decline to consider them in the first instance. --------
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Silver cc: Hon. Douglas Smith, District Judge
Lester Eugene Selander, Jr.
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk