Gomez (Samuel) Vs. State

478 P.3d 343

• Court: Nevada Supreme Court
• Decided: December 16, 2020
• Docket: 80027
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

SAMUEL GOMEZ, No. 80027 Appellant, vs. THE STATE OF NEVADA, Respondent. FILED DEC 1 6 2020 k BROWN E COURT BY

ORDER OF REVERSAL AND REMAND This is an appeal from a district court order denying a postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Mary Kay Holthus, Judge. Appellant Samuel Gomez contends that the district court abused its discretion by denying his petition without appointing counsel. We agree. See NRS 34.750(1). Gomez's petition indicated that he did not comprehend the proceedings or understand English. Gomez relied on an interpreter during trial. Gomez received a significant sentence, this was his first petition challenging his judgment of conviction and was accompanied by a certification of indigency, and he raised claims that arguably require the assistance of counsel to conduct discovery. Accordingly, we conclude that the district court abused its discretion when

SUPREME COURT OF NEVADA

(0) 1947A atta4c. `-z 0 ,45scri it denied Gomez's request for counsel. See id, Renteria-Novoa v. State, 133 Nev. 75, 76, 391 P.3d 760, 760-61 (2017). We therefore ORDER the judgment of the district court REVERSED AND REMAND this matter to the district court for proceedings consistent with this order.

J.

Stiglich

, J

cc: Hon. Mary Kay Holthus, District Judge Emily K. Strand Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA 2 i0) 1447A 400