Gonzales v. State
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The Supreme Court reversed the order of the district court denying Appellant's postconviction petition for a writ of habeas corpus, holding that Nev. Rev. Stat. 34.810(1)(a) does not bar a claim that a petition received ineffective assistance of counsel at sentencing.
Pursuant to a plea agreement, Defendant pleaded guilty to three counts of aggravated stalking. The district court sentenced Defendant to three consecutive prison terms of sixty-two to 156 months. Defendant filed a timely postconviction petition for a writ of habeas corpus, claiming that trial counsel was ineffective because the State breached the plea agreement and counsel did not object. The district court denied the petition, concluding that any issues regarding Defendant's sentence were outside the scope of section 34.810(1)(a). The Supreme Court reversed, holding (1) section 34.810 does not bar claims that counsel was ineffective at sentencing; and (2) the State materially breached its promise to recommend concurrent sentences, and counsel's failure to object prejudiced Defendant.
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