Second, Lopez contends that he was denied the effective
assistance of counsel in violation of the Sixth Amendment. As Lopez
acknowledges, ineffective-assistance-of-counsel claims generally may not
be raised on direct appeal, see Feazell v. State, 111 Nev. 1446, 1449, 906
P.2d 727, 729 (1995), and we decline to consider them here because the
district court has not held an evidentiary hearing and an evidentiary
hearing is necessary to substantiate Lopez's factual allegations, see
Archanian v. State, 122 Nev. 1019, 1036, 145 P.3d 1008, 1020-21 (2006).
Third, Lopez contends that the State committed prosecutorial
misconduct during closing arguments, vouched for the credibility of the
victim, and shifted the burden of proof. Lopez failed to object during
closing, and we review for plain error. NRS 178.602; Green v. State, 119
Nev. 542, 545, 80 P.3d 93, 95 (2003). Lopez has the burden of establishing
that these errors occurred, see Valdez v. State, 124 Nev. 1172, 1188, 196
P.3d 465, 476 (2008) (discussing prosecutorial misconduct); Lisle v. State,
113 Nev. 540, 553-54, 937 P.2d 473, 481 (1997) (discussing improper
vouching and burden shifting), that the errors are plain or clear from the
record, and that the errors affected his substantial rights, Green, 119 Nev.
at 545, 80 P.3d at 95. In addition to making the statements which Lopez
alleges violated his rights, the State specifically told the jury during
closing arguments that "it's your job to determine [the victim's]
credibility," and on rebuttal that, "we're going to let you decide how
credible do you think that person is," and if the jury had any reasonable
doubt about whether the victim lied, that "reasonable doubt entitles the
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Defendant to a not guilty verdict." Having reviewed the closing
arguments in their entirety, we conclude that if there is any error, it is not
plain or clear from the record, and Lopez has not demonstrated that it
affected his substantial rights. Therefore, we
ORDER the judgment of conviction AFFIRMED.
J.
Pickering
°t=2" J.
Parrqguirre
k. A
Saitta
cc: Hon. Valerie Adair, District Judge
Carmine J. Colucci & Associates
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
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