Vega (Bernardo) v. State ( 2013 )


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  •             Vega did not offer any cause for the delay in his petition before
    the district court. The State moved to dismiss the petition as untimely
    and without good cause, but the district court, without ruling on the
    procedural bar issue, ordered the State to respond to the petition. The
    district court's final order failed to address the issue of good cause to
    excuse the delay but discussed Vega's claims on the merits and denied the
    petition. The State argues that the district court erred in considering the
    merits of the petition because it was procedurally barred and without good
    cause for the delay, and Vega fails to allege any cause, let alone good
    cause, for the delay. We conclude that Vega has failed to demonstrate
    good cause for the delay and that the district court should not have
    considered the merits of the petition as it was procedurally barred.
    Nonetheless, we conclude that the district court did not err by denying
    Vega's petition. See Wyatt v. State, 
    86 Nev. 294
    , 298, 
    468 P.2d 338
    , 341
    (1970) (noting that we will affirm a decision of the district court if it
    reaches the right result, even if for the wrong reason).
    Having considered Vega's claims and concluded that no relief
    is warranted, we
    • 11
    ORDER the judgment of the district court AFFIRMED.
    A
    ibbons
    13
    Gt_pi )41-k
    Douglas
    Saitta
    2
    cc: Hon. Valerie Adair, District Judge
    Keith C. Brower
    Attorney General/Carson City
    Clark County District Attorney
    Eighth District Court Clerk
    

Document Info

Docket Number: 60610

Filed Date: 9/18/2013

Precedential Status: Non-Precedential

Modified Date: 4/17/2021