196 P.3d 465, 477 (2008). 1 Therefore, we conclude that Gonzalez is not entitled to relief, and we ORDER the judgment of conviction AFFIRMED.

(3,p , J. Gibbons

J.

cc: Seventh Judicial District Court Dept. 2 State Public Defender/Ely State Public Defender/Carson City Attorney General/Carson City White Pine County District Attorney White Pine County Clerk

'The district court imposed a prison term of 12-34 months after stating it was "not inclined to grant probation" due to Gonzalez's criminal history and inability to successfully complete prior probationary terms and/or diversion programs.

SUPREME COURT OF NEVADA 2 (0) I947A

eit;