CANDELAS v. GARRETT (2022)

Court of Appeals of Nevada.

Jose Alberto CANDELAS, Appellant, v. Tim GARRETT, Respondent.

No. 83965-COA

Decided: August 26, 2022

Jose Alberto Candelas Attorney General/Carson City Clark County District Attorney

ORDER OF AFFIRMANCE

Candelas's petition was filed more than one year after issuance of the remittitur on direct appeal on August 7, 2020. See Candelas v. State, No. 78249-COA, 2020 WL 3969695 (Nev. Ct. App. July 13, 2020) (Order of Affirmance). Thus, Candelas's petition was untimely filed. See NRS 34.726(1). Candelas's petition was procedurally barred absent a demonstration of good cause and actual prejudice. See NRS 34.726(1); NRS 34.810(3). Candelas failed to allege good cause to overcome the procedural bar. Therefore, we conclude the district court did not err by denying his petition as procedurally barred, and we

ORDER the judgment of the district court AFFIRMED.

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