WELDON v. STATE (2022)

ORDER OF AFFIRMANCE

Weldon filed his petition nearly three years after entry of the judgment of conviction on November 21, 2017.¹ Thus, Weldon's petition was untimely filed. See NRS 34.726(1). Weldon's petition was procedurally barred absent a demonstration of good cause—cause for the delay and undue prejudice. See id. Weldon failed to allege good cause in his petition below, and therefore, we conclude the district court did not err by denying Weldon's petition as procedurally barred.² Accordingly, we

ORDER the judgment of the district court AFFIRMED.

FOOTNOTES

1.   Weldon did not file a direct appeal. An amended judgment of conviction was filed on August 3, 2020. Because Weldon's claims challenged the proceedings regarding only the original judgment of conviction, the amended judgment of conviction did not restart the timeline for filing a postconviction petition. See Sullivan v. State, 120 Nev. 537, 541, 96 P.3d 761, 764 (2004).

2.   To the extent Weldon argues on appeal that ineffective assistance of counsel can constitute good cause, this claim was not raised below, and we decline to consider it for the first time on appeal. See McNelton v. State, 115 Nev. 396, 416, 990 P.2d 1263, 1276 (1999).