BLINKS v. STATE (2020)

ORDER OF AFFIRMANCE

Kyron Blinks appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus filed on April 15, 2019. Eighth Judicial District Court, Clark County; Michael Villani, Judge.

Kyron was convicted, pursuant to a guilty plea, of battery by strangulation and battery constituting domestic violence. His sentence was suspended and he was placed on probation. His probation was subsequently revoked. He claimed his probation should not have been revoked because the revocation was based upon a new criminal charge that was constitutionally infirm. Kyron did not allege that his guilty plea was involuntarily or unknowingly entered or that it was entered without the effective assistance of counsel. His claim was, therefore, outside the scope of claims permissible in a postconviction petition for writ of habeas corpus challenging a judgment of conviction based on a guilty plea. See NRS 34.810(l)(a). Accordingly, we conclude the district court did not err by denying Kyron’s petition as outside the scope of postconviction relief, and we

ORDER the judgment of the district court AFFIRMED.