Beard (Jesse) v. State ( 2014 )

 Kirksey v. State, 112 Nev. 980, 988, 923 P.2d 1102, 1107 (1996). Both
components of the inquiry must be shown. Strickland v. Washington, 466
U.S. 668, 697 (1984).
Appellant claimed that hisS trial counsel was ineffective for
coercing him into entering a guilty plea. Appellant's bare claim failed to
demonstrate deficiency or prejudice as he failed to state how counsel
coerced him. See Hargrove v. State, 100 Nev. 498, 502-03, 686 P.2d 222,
225 (1984). Moreover, appellant acknowledged in his guilty plea
agreement and during his plea colloquy that he was entering his plea
freely and voluntarily. We therefore conclude that the district court did
not err in denying this claim.
Next, appellant claimed that the district court abused its
discretion by not considering appellant's motion to withdraw guilty plea.
This claim falls outside the scope of claims permissible in a post-conviction
habeas petition challenging a judgment of conviction based upon a guilty
plea. See NRS 34.810(1)(a). Moreover, the record demonstrates that the
district court never received a motion to withdraw guilty plea from
appellant, and appellant failed to demonstrate that he submitted a motion
to the district court. Therefore, the district court did not err in denying
this claim.
To the extent that appellant claimed the State violated the
terms of the guilty plea agreement by releasing appellant on his own
recognizance pending sentencing and not releasing him to a sober living
in-patient facility, this claim is not cognizable in a post-conviction petition
for a writ of habeas corpus challenging a judgment of conviction based
upon a guilty plea. NRS 34.810(1)(a). Furthermore, we conclude that the
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district court did not err in declining to appoint post-conviction counsel.
NRS 34.750. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
J.
J.
J.
Saitta
cc: Hon. James M. Bixler, District Judge
Jesse Beard
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
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