34.738(1). Therefore, the district court did not err in dismissing this claim without prejudice. Second, appellant claimed that counsel was ineffective for failing to file an appeal on his behalf despite being requested to do so. We conclude that the district court erred in denying the petition without conducting an evidentiary hearing on the appeal-deprivation claim. Counsel has a duty to file a notice of appeal when requested to do so and prejudice may be presumed. Toston v. State, 127 Nev. „ 267 P.3d 795, 799-801 (2011). Because appellant's claim, which was not belied by the record, would have entitled him to relief if true, Hargrove v. State, 100 Nev. 498, 502-03, 686 P.2d 222, 225 (1984), the district court should have held an evidentiary hearing on this claim. Accordingly, we ORDER the judgment of the district court AFFIRMED IN PART AND REVERSED IN PART AND REMAND this matter to the district court for proceedings consistent with this order.

J.

J.

cc: Hon. Elissa F. Cadish, District Judge Charles Davis Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk SUPREME COURT OF NEVADA 2 (0) 1947A

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