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which prevented him from accepting the offer before it was withdrawn by the State.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Precedential Status: Non-Precedential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