Clark County and Nye County amounts to double jeopardy, and incorrect
information was included in the presentence investigation report. These
claims fell outside the scope of claims permissible in a post-conviction
petition for a writ of habeas corpus challenging a judgment of conviction
based upon a guilty plea. NRS 34.810(1)(a).
Next, appellant claimed that his counsel was ineffective
regarding a lack of communication on direct appeal. This claim failed
under NRS 34.810(1)(a) because it did not challenge counsel's effectiveness
in relation to entry of the guilty plea.
Next, appellant claimed that trial counsel was ineffective for
promising him that he would receive a sentence of 12 to 32 months to run
concurrently with his sentence in another case. We conclude that
appellant failed to demonstrate that his counsel was ineffective in this
regard as the record indicates that this was not a term of the stated plea
negotiations and during the plea canvass appellant acknowledged that no
promises had been made to induce his guilty plea. See Hill v. Lockhart,
474 U.S. 52, 58-59 (1985); Kirksey v. State, 112 Nev. 980, 988, 923 P.2d
1102, 1107 (1996).
Next, appellant claimed that trial counsel was ineffective for
failing to argue for 281 days of presentence credits. Appellant failed to
demonstrate that his trial counsel's performance was deficient or that he
was prejudiced because he did not demonstrate that his confinement in
California was solely pursuant to the charges in this case. See Hill, 474
U.S. at 58-59; Kirksey, 112 Nev. at 988, 923 P.2d at 1107; see also NRS
176.055(1); Nieto v. State, 119 Nev. 229, 231, 70 P.3d 747, 748 (2003).
Next, appellant claimed that trial counsel was ineffective for
failing to file a motion to dismiss based upon a violation of the Interstate
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Agreement on Detainers. Appellant failed to allege that any alleged
deficiencies in counsel's performance would have had a reasonable
probability of altering his decision to enter a guilty plea, and thus he failed
to demonstrate that his counsel was ineffective. See Hill, 474 U.S. at 58-
59; Kirksey, 112 Nev. at 988, 923 P.2d at 1107. Further, appellant failed
to demonstrate that a motion to dismiss would have been meritorious as
he did not demonstrate that the "proof' of his demand for his speedy trial
rights complied with NRS 178.620 (Article III), that the demand for trial
was actually delivered to the State of Nevada, see Fex v. Michigan, 507
U.S. 43, 52 (1993); McNelton v. State, 115 Nev. 396, 414, 990 P.2d 1263,
1275 (1999), or that he was even qualified to submit a demand because he
appears to have been incarcerated in jail as a condition of supervised
release when he submitted his demand, see State v. Wade, 105 Nev. 206,
208-10, 772 P.2d 1291, 1293-94 (1989). Therefore, we affirm the order of
the district court denying the petition. 3
Docket No. 66997
In his motion to amend the judgment of conviction, appellant
claimed that he should have received an additional 251 days of credit for
time served in California. Preliminarily, we note that appellant sought
presentence credit in the wrong vehicle as a post-conviction petition for a
writ of habeas corpus is the exclusive remedy for a claim for additional
presentence credit. See Griffin v. State, 122 Nev. 737, 744, 137 P.3d 1165,
3 To the extent that the district court determined that all of the
claims were outside the scope of claims permissible, see NRS 34.810(1)(a),
we conclude that this was error. We nevertheless affirm the order of the
district court because the correct result was reached. See Wyatt v. State,
86 Nev. 294, 298, 468 P.2d 338, 341 (1970).
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5EMETAM 24talait gikg: ML:r.a.c 444
1169 (2006). Even assuming that appellant's use of the wrong vehicle
could be overlooked, appellant's claim for additional presentence credits
lacked merit for the reason set forth above. Therefore, we
ORDER the judgments of the district court AFFIRMED.
, J.
J.
J.
Pickering
cc: Hon. Robert W. Lane, District Judge
Reese Robert Waldron
Attorney General/Carson City
Nye County District Attorney
Nye County Clerk
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