504, 505 (1984) (adopting the test in Strickland). Both components of the
inquiry must be shown. Strickland v. Washington, 466 U.S. 668, 697
(1984). To warrant an evidentiary hearing, a petitioner must raise claims
supported by specific factual allegations that, if true and not repelled by
the record, would entitle him to relief. Hargrove v. State, 100 Nev. 498,
502-03, 686 P.2d 222, 225 (1984).
Appellant claimed that trial counsel was ineffective for
advising him to enter a guilty plea where counsel's advice was based on
his incorrect belief that appellant had a valid double-jeopardy claim.
Appellant's bare claim failed to demonstrate prejudice. He did not allege
that he rejected an earlier, more favorable plea offer due to counsel's
inaccurate legal assessment. See Lafler v. Cooper, 566 U.S. , 132
S. Ct. 1376, 1384 (2012). Neither did he allege that, but for counsel's
advice, he would not have pleaded guilty but would have insisted on going
to trial. See Hill v. Lockhart, 474 U.S. 52, 58-59 (1985); Kirksey v. State,
112 Nev. 980, 988, 923 P.2d 1102, 1107 (1996). Moreover, we note that
appellant received a benefit in exchange for his guilty plea—the dismissal
of two other cases. We therefore conclude that the district court did not
err in denying this claim without an evidentiary hearing.
Appellant also claimed that appellate counsel was ineffective
for failing to file a petition for en bane reconsideration despite having told
appellant that he would do so should the petition for rehearing be denied.
Appellant's bare claim failed to demonstrate deficiency or prejudice.
Appellant failed to identify any grounds that would have warranted en
banc reconsideration. See NRAP 40A(a). We therefore conclude that the
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district court did not err in denying this claim without an evidentiary
hearing. Accordingly, we
ORDER the judgment of the district court AFFIRMED. 2
/ pet..4.1
n J.
Hardesty
Douglas
°tidal
J.
J.
cc: Hon. Robert W. Lane, District Judge
Joseph Darrell Anderson, II
Attorney General/Carson City
Nye County District Attorney
Nye County Clerk
2We further conclude that the district court did not abuse its
discretion in declining to appoint counsel to represent appellant in these
post-conviction proceedings. See NRS 34.750(1).
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