IN THE SUPREME COURT OF THE STATE OF NEVADA
PAUL STEPHEN HARLOW, No. 68300
Appellant,
vs.
THE STATE OF NEVADA, ALED
Respondent.
JUN 1 7 2016
ORDER OF AFFIRMANCE
This is a pro se appeal from a district court order denying
appellant Paul Stephen Harlow's postconviction petition for a writ of
habeas corpus. Eighth Judicial District Court, Clark County; Eric
Johnson, Judge.
Harlow pleaded guilty to two counts of attempted sexual
assault. In his petition, Harlow sought to withdraw his plea on the basis
that counsel incorrectly advised him that he was eligible for probation,
which caused him to enter an unknowing plea. See Hill u. Lockhart, 474
U.S. 52, 58-59 (1985) (observing that, to prove ineffective assistance of
counsel sufficient to invalidate a judgment of conviction based on a guilty
plea, a petitioner must demonstrate that his counsel's performance was
deficient in that it fell below an objective standard of reasonableness, and
resulting prejudice such that there is a reasonable probability that, but for
counsel's errors, petitioner would not have pleaded guilty and would have
insisted on going to trial); Kirksey u. State, 112 Nev. 980, 988, 923 P.2d
1102, 1107 (1996). The district court denied the petition because Harlow
was eligible for probation and therefore he failed to demonstrate that
counsel was ineffective. We agree. See NRS 176A.100(1)(a) (listing crimes
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for which probation is not permissible); NRS 176A.110(1) (explaining that
the court shall not grant probation to a person convicted of attempted
sexual assault unless he does not represent a high risk to reoffend as
certified in a psychosexual evaluation report). To the extent Harlow
contended he was not adequately informed regarding the import of NRS
176A.110, or that he was promised he would receive probation, his
contentions are belied by the record and did not warrant relief.'
Accordingly, we
ORDER the judgment of the district court AFFIRMED.
Gibbons
cc: Hon. Eric Johnson, District Judge
Paul Stephen Harlow
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
'We also conclude that the district court did not abuse its discretion
by declining to appoint counsel. See NRS 34.750(1).
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