Tatum (Sylvester) v. State ( 2014 )

 100 Nev. 430, 432-33, 683 P.2d 504, 505 (1984). The district court
conducted an evidentiary hearing during which trial counsel testified that
he believed that the State offered a plea to a low-level trafficking offense
shortly before trial, but counsel could not specifically recall the offer.
Counsel did not discuss the offer with Tatum at the time of the offer. An
assistant district attorney testified that he did not recall such an offer
being made shortly before trial. Based on the testimony, the district court
found that the State never made the alleged offer. The district court's
factual findings are supported by substantial evidence. Riley v. State, 110
Nev. 638, 647, 878 P.2d 272, 278 (1994) (affording deference to district
court's factual findings that are supported by substantial evidence).
Tatum failed to meet his burden of demonstrating that counsel received an
offer from the State that he failed to convey to Tatum. Means v. State, 120
Nev. 1001, 1012, 103 P.3d 25, 33 (2004) (requiring proponent of ineffective
assistance of counsel claim prove allegations by a preponderance of the
evidence); see Missouri v. Frye, 566 U.S. „ 132 S. Ct. 1399, 1409
(2012) (to demonstrate ineffective assistance of counsel from failure to
communicate plea offer, proponent must show counsel failed to
communicate offer and that client would have accepted offer).
Accordingly, we
ORDER the judgment of the district court AFFIRMED.
J.
J.
Saitta
SUPREME COURT
OF
NEVADA
2
(0) 19474 )(1704.4
cc: Hon. Carolyn Ellsworth, District Judge
Carmine J. Colucci & Associates
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
SUPREME COURT
OF
NEVADA
3
(0) 1947A ce