Gaines (Andra) v. State

• Court: Nevada Supreme Court
• Decided: June 13, 2013
• Docket: 61641
• Status: Unpublished

Opinion

1102, 1107 (1996). The district court also found that Gaines "was aware of the options available to him during negotiations and at sentencing" and that his "sentence was appropriate under the circumstances." The district court's findings are supported by substantial evidence and not clearly wrong, and Gaines has not demonstrated that the district court erred as a matter of law. Therefore, we conclude that the district court did not err by rejecting Gaines' ineffective-assistance claim. Second, Gaines contends that the district court erred by denying his petition because counsel was ineffective for failing to file a direct appeal. The district court, however, found that Gaines was, in fact, improperly denied his right to a direct appeal and granted his petition in part on that basis. We conclude that Gaines fails to demonstrate that he is entitled to additional relief, and we ORDER the judgment of the district court AFFIRMED.

,J. Hardesty

cc: Hon. James M. Bixler, District Judge Keith C. Brower Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk