Martinez (Michael) v. State ( 2014 )

 prove ineffective assistance of appellate counsel, a petitioner must
demonstrate that counsel's performance was deficient in that it fell below
an objective standard of reasonableness, and resulting prejudice such that
the omitted issue would have a reasonable probability of success on
appeal. Kirksey, 112 Nev. at 998, 923 P.2d at 1114. Both components of
the inquiry must be shown. Strickland v. Washington, 466 U.S. 668, 697
(1984). We give deference to the court's factual findings if supported by
substantial evidence and not clearly erroneous but review the court's
application of the law to those facts de novo. Lader v. Warden, 121 Nev.
682, 686, 120 P.3d 1164, 1166 (2005).
First, appellant claimed that trial counsel was ineffective for
failing to argue at sentencing for a reduced sentence and for failing to
fight the deadly weapon enhancement. Appellant failed to demonstrate
that trial counsel was deficient or that he was prejudiced. Appellant's
claim regarding the failure to argue at sentencing for a reduced sentence
is belied by the record. Trial counsel filed a sentencing memorandum,
presented mitigation evidence, and asked for probation. As to appellant's
claim regarding the deadly weapon enhancement, appellant failed to
demonstrate specific facts that, if true, would entitle him to relief.
Hargrove v. State, 100 Nev. 498, 502-03, 686 P.2d 222, 225 (1984).
Appellant pleaded guilty to voluntary manslaughter with use of a deadly
weapon and he failed to provide any argument as to how trial counsel
could have fought the enhancement. Therefore, the district court did not
err in denying this claim.
Next, appellant claimed that appellate counsel was ineffective
for failing to raise appropriate issues on appeal. Appellant failed to
support this claim with specific facts that, if true, entitled him to relief, id,
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because he failed to allege what claims appellate counsel should have
raised. Therefore, the district court did not err in denying this claim.
Accordingly, we
ORDER the judgment of the district court AFFIRMED.
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cc: Hon. Jessie Elizabeth Walsh, District Judge
Michael Martinez
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
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