Stewart, III (Olee) v. State ( 2014 )

 the law to those facts de novo. Lader v. Warden, 121 Nev. 682, 686, 120
P.3d 1164, 1166 (2005).
First, appellant claims that trial counsel was ineffective for
telling him that he could receive credits towards his ten to life sentence
that would take time off of the minimum sentence. Appellant fails to
demonstrate that he was prejudiced because he fails to demonstrate that
had counsel correctly informed him of how his sentence would be
calculated in prison, he would not have pleaded guilty and would have
insisted on going to trial Appellant was originally charged with five
counts of sexual assault all carrying a sentence of ten to life. By pleading
guilty, appellant agreed to a sentence of ten to life plus a consecutive
sentence of four years to ten years. This was a significant reduction in his
possible sentence. Further, appellant testified at the evidentiary hearing
that "if I didn't plead guilty, I was going to do five life sentences. So it was
either that or plea bargain And I pled." This statement demonstrates
that appellant pleaded guilty to avoid the possibility of consecutive life
sentences rather than pleading guilty based on trial counsel's advice
regarding the calculation of his sentence. Therefore, the district court did
not err in denying this claim.
Second, appellant claims that trial counsel was ineffective for
failing to discuss or file an appeal. Appellant fails to demonstrate that
trial counsel was deficient. The duty to inform or consult with a client
with respect to appealing a judgment of conviction based on a guilty plea
only arises "when the defendant inquires about the right to appeal or in
circumstances where the defendant may benefit from receiving advice
about the right to a direct appeal." Toston v. State, 127 Nev. „ 267
P.3d 795, 799 (2011). Despite his claim to the contrary in his petition,
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appellant testified at the evidentiary hearing that he never asked counsel
to file an appeal on his behalf. Rather, he "thought" about asking.
Further, appellant fails to demonstrate that there were any circumstances
where he would have benefitted from receiving advice regarding an
appeal. Therefore, the district court did not err in denying this claim.
Accordingly, we
ORDER the judgment of the district court AFFIRMED.
Hardest
.,
J.
Douglas
—$7-4C- Z-
Cherry 1.4
cc: Hon. Lidia Stiglich, District Judge
Story Law Group
Attorney General/Carson City
Washoe County District Attorney
Washoe District Court Clerk
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