SELF v. STATE (2026)

ORDER OF AFFIRMANCE

Appellant Erik Lowell Self, Jr. filed a pro se notice of appeal from the judgment of conviction, stating an intent to challenge the length of the sentences due to counsel's ineffective assistance. Self acknowledges that the ineffective-assistance claim is not cognizable on direct appeal and that the sentences are within the legal limits and consistent with the plea agreement. Rather than challenging the validity of the judgment or sentence on appeal, Self instead urges this court to construe the notice of appeal as a postconviction petition for a writ of habeas corpus and remand it to the district court to allow Self to cure any procedural defects within a reasonable time frame. We decline to do so. If Self wishes to raise an ineffective-assistance claim, he may file a postconviction petition for a writ of habeas corpus in compliance with NRS chapter 34 in the district court. See Gonzales v. State, 137 Nev. 398, 401-03, 492 P.3d 556, 560-62 (2021) (clarifying that claims of ineffective of counsel at sentencing are properly brought in a postconviction habeas petition); see also Harris v. State, 130 Nev. 435, 445, 329 P.3d 619, 626 (2014) (explaining that a direct appeal is separate and distinct from the remedy of a postconviction habeas petition).

Because Self fails to demonstrate any error in the judgment of conviction or sentences, we

ORDER the judgment of conviction AFFIRMED.