Somee (Akaphong) v. State

eligibility date for the Arkansas conviction did not factor into the sentencing court's decision; (3) counsel was not ineffective; and (4) Somee failed to demonstrate prejudice. Our review of the record reveals that the district court's factual findings are supported by substantial evidence and are not clearly wrong, and Somee has not demonstrated that the district court erred as a matter of law. See Strickland v. Washington, 466 U.S. 668, 687 (1984) (establishing a two-part test for ineffective assistance of counsel); Kirksey v. State, 112 Nev. 980, 987, 923 P.2d 1102, 1107 (1996) (adopting test in Strickland); see also Means v. State, 120 Nev. 1001, 1012, 103 P.3d 25, 33 (2004) (petitioner must prove the facts underlying his claims of ineffective assistance of counsel by a preponderance of the evidence). Accordingly, we

ORDER the judgment of the district court AFFIRMED.

Gibbons

)A=f .J. J. Douglas Saitta cc: Chief Judge, Eighth Judicial District Court

Hon. Sally Loehrer, Senior Judge

Dayvid J. Figler

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk