Opinion
No. 76104-COA
05-15-2019
ARRION DANTE WRIGHT, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Arrion Dante Wright appeals from a district court order denying a postconviction petition for a writ of habeas corpus filed on March 7, 2018. Eighth Judicial District Court, Clark County; Michael Villani, Judge.
This appeal has been submitted for decision without oral argument. NRAP 34(f)(3).
Wright's petition was untimely because it was filed more than five years after the judgment of conviction was entered on February 12, 2013. See NRS 34.726(1). Consequently, Wright's petition was procedurally barred absent a demonstration of good cause and actual prejudice or that the failure to consider his claim would result in a fundamental miscarriage of justice. See NRS 34.726(1); NRS 34.810(3); Pellegrini v. State, 117 Nev. 860, 887, 34 P.3d 519, 537 (2001).
Wright did not pursue a direct appeal.
The district court found that Wright's attempts to show good cause by asserting an ineffective-assistance-of-counsel claim and hinting at an actual innocence claim constituted bare allegations that were not sufficient to overcome the mandatory procedural bars. The district court's finding is supported by the record on appeal, and we conclude the district court did not err by denying Wright's procedurally-barred habeas petition, motion for appointment of counsel, and request for an evidentiary hearing. See NRS 34.750(1); NRS 34.770(2); Renteria-Novoa v. State, 133 Nev. 75, 76, 391 P.3d 760, 760-61 (2017); State v. Eighth Judicial Dist. Court (Riker), 121 Nev. 225, 231, 112 P.3d 1070, 1074 (2005); Hargrove v. State, 100 Nev. 498, 502-03, 686 P.2d 222, 225 (1984). Accordingly, we
ORDER the judgment of the district court AFFIRMED.
We note, because Wright's judgment of conviction was entered pursuant to a guilty plea and his deadly-weapon-enhancement claim did not allege ineffective assistance of counsel or challenge the validity of the guilty plea, the claim was not properly raised in the postconviction petition. See NRS 34.810(1)(a). --------
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Bulla cc: Hon. Michael Villani, District Judge
Arrion Dante Wright
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk