Aguilar (Gilbert) v. State

IN THE SUPREME COURT OF THE STATE OF NEVADA GILBERT DEMETRIUS AGUILAR, No. 68638 Appellant, vs. THE STATE OF NEVADA, Respondent. FILED APR 1 4 2016 TRACE K. UNDRMAN CLERK OF SUPREME COURT BY ORDER OF AFFIRMANCE --5 15aLTITT OL HEA-.--- L.t4) This is a pro se appeal from a district court order denying appellant's postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Kathleen E. Delaney, Judge. Appellant filed his petition on July 2, 2015, more than 15 years after remittitur issued from his direct appeal on January 18, 2000. Aguilar v. State, Docket No. 31595 (Order of Affirmance, December 20, 1999). Thus, his petition was untimely filed. See NRS 34.726. The petition was also successive because appellant had previously sought postconviction relief. See Aguilar v. State, Docket No. 57357 (Order of Affirmance, May 9, 2012). Accordingly, the petition was procedurally barred absent a demonstration of good cause and prejudice. See NRS 34.726; NRS 34.810(3). Appellant failed to demonstrate good cause and prejudice. Therefore, we ORDER the judgment of the district court AFFIRMED. J. Clieriry Gibbons SUPREME COURT OF NEVADA (0) I947A ilo - 1 1 7, cc: Hon. Kathleen E. Delaney, District Judge Gilbert Demetrius Aguilar Attorney GenerallCarson City Clark County District Attorney Eighth District Court Clerk SUPREME COURT OF NEVADA 2 (0) 1947A D