Irive (Ricardo) v. State ( 2015 )


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  •                        which prevented him from accepting the offer before it was withdrawn by
    the State. At the evidentiary hearing, trial counsel testified that she
    informed Irive of the plea offer but advised him to give her time to
    investigate whether the plea offer would be beneficial before he considered
    accepting the offer. Trial counsel further testified that the prosecutor
    never explicitly provided an expiration date for the plea offer and that her
    conversations with the prosecutor left her with the impression that the
    plea offer would be available until trial. The district court determined
    that trial counsel's advice to Irive, decision to investigate, and belief as to
    when the plea offer would expire were reasonable in light of counsel's
    ongoing negotiations and communications with the prosecutor. We
    conclude that the district court's findings were not clearly erroneous and
    that substantial evidence supports the district court's decision that trial
    counsel's performance was reasonable.       See Strickland, 466 U.S. at 689;
    Lara v. State, 
    120 Nev. 177
    , 180, 
    87 P.3d 528
    , 530 (2004) (explaining that
    "trial counsel's strategic or tactical decisions will be virtually
    unchallengeable absent extraordinary circumstances" (internal quotation
    marks omitted)). Accordingly, we conclude that the district court did not
    err in denying this claim, and we
    ORDER the judgment of the district court AFFIRMED.
    J.
    , J.
    SUPREME COURT
    OF
    NEVADA
    2
    (0) 1947A    clr140,
    cc: Hon. Kathleen E. Delaney, District Judge
    Law Office of Kristina Wildeveld
    Attorney General/Carson City
    Clark County District Attorney
    Eighth District Court Clerk
    SUPREME COURT
    OF
    NEVADA
    3
    (0) 1947A )46141))
    

Document Info

Docket Number: 67043

Filed Date: 12/18/2015

Precedential Status: Non-Precedential

Modified Date: 12/21/2015