COLLINS v. STATE (2023)

ORDER OF AFFIRMANCE

Collins filed his petition nearly three years after entry of the judgment of conviction on July 25, 2019.¹ Thus, Collins’ petition was untimely filed. See NRS 34.726(1). Collins’ petition was procedurally barred absent a demonstration of good cause—cause for the delay and undue prejudice. See id.

Collins failed to allege he had good cause for failing to file a timely petition. Therefore, we conclude that the petition was procedurally barred and the district court did not err by denying the petition.² Accordingly, we

ORDER the judgment of the district court AFFIRMED.

FOOTNOTES

1.   Collins did not appeal from his judgment of conviction.

2.   The district court erred by reaching the merits of the petition. See State v. Eighth Judicial Dist. Court (Riker), 121 Nev. 225, 231, 112 P.3d 1070, 1074 (2005) (holding that the application of the procedural bars is mandatory). We nevertheless affirm because the district court reached the correct result. See Wyatt v. State, 86 Nev. 294, 298, 468 P.2d 338, 341 (1970).