Daniels (James) v. State ( 2013 )

 we need not address it on appeal in the first instance. 2 See McNelton v.
State, 115 Nev. 396, 416, 990 P.2d 1263, 1276 (1999). Additionally,
although Daniels challenged the sufficiency of the evidence and propriety
of the jury instructions in his timely direct appeal, see Daniels v. State,
Docket No. 53818 (Order of Affirmance, May 7, 2010), he did not raise
these issues in the instant habeas petition filed below. Therefore, we
decline to address these claims. See McNelton, 115 Nev. at 416, 990 P.2d
at 1276.
Daniels' petition was untimely because it was filed 20 months
after this court issued its remittitur in his direct appeal and, failing to
demonstrate good cause, prejudice, or a miscarriage of justice, the district
court should have denied his petition on this basis alone. See NRS
34.726(1); Mazzan v. Warden, 112 Nev. 838, 842, 921 P.2d 920, 922 (1996);
see also State v. Eighth Judicial Dist. Court (Riker), 121 Nev. 225, 236,
112 P.3d 1070, 1077 (2005) (application of procedural default rules is
mandatory). Nevertheless, the district court considered the merits of
Daniels' claim that appellate counsel was ineffective and concluded that
counsel was not deficient and that Daniels failed to demonstrate prejudice.
See Strickland v. Washington, 466 U.S. 668, 687 88, 694 (1984); see also
-
Kirksey v. State, 112 Nev. 980, 998, 923 P.2d 1102, 1113-14 (1996). We
conclude that the district court reached the right result, albeit for the
wrong reason. Wyatt v. State, 86 Nev. 294, 298, 468 P.2d 338, 341 (1970)
("If a judgment or order of a trial court reaches the right result, although
2 Inhis petition below, Daniels erroneously claimed "[t]he petition is
being filed within the one year date of the remittitur."
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it is based on an incorrect ground, the judgment or order will be affirmed
on appeal."). Accordingly, we
ORDER the judgment of the district court AFFIRMED.
44.4_7c
Hardesty
cc: Hon. Valorie J. Vega, District Judge
Leslie A. Park
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
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