Devine (Jamierl) v. State

the law to those facts de novo. Lader v. Warden, 121 Nev. 682, 686, 120 P.3d 1164, 1166 (2005). The Supreme Court has recognized that defense counsel has a duty to communicate formal plea offers and that to demonstrate prejudice a defendant must show a reasonable probability that he would have accepted the more favorable plea but for counsel's deficient performance and that the plea would have been entered without the State canceling it or the district court refusing to accept it. Missouri v. Frye, 566 U.S. , 132 S. Ct. 1399, 1409 (2012). After conducting an evidentiary hearing, the district court found counsel's testimony credible, concluding, based on that testimony, that counsel conveyed the subject offer to appellant and that appellant declined the offer and proceeded with the preliminary hearing. Because the district court's factual findings are supported by the record and its legal conclusions are sound, we conclude that appellant's post- conviction petition was properly denied. Accordingly, we ORDER the judgment of the district court AFFIRMED.' Gibbons Saitta 'Despite counsel's verification that the fast track response complies with the formatting requirements of NRAP 32(a)(4), the fast track response does not comply because it is not double spaced. See NRAP 3C(h)(1). We caution respondent's counsel that future failure to comply with the Nevada Rules of Appellate Procedure when filing briefs with this court may result in the imposition of sanctions. See NRAP 3C(n); NRAP 28.2(b). 2 cc: Hon. Michelle Leavitt, District Judge Nguyen & Lay Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk SUPREME COURT OF NEVADA 3 (0) I 947A