application of the law to those facts de novo. Lader v. Warden, 121 Nev. 682, 686, 120 P.3d 1164, 1166 (2005).

Appellant argues that his counsel was ineffective for failing to include a provision in the guilty plea agreement that allowed appellant to retain the right to appeal the district court's denial of his motion for substitution of counsel. Appellant also argues that counsel should have also sought an interlocutory appeal regarding the denial of the motion.

Appellant asserts that he sought the substitution of counsel because he wanted a new attorney that would pursue a different trial strategy and that he had a right to counsel of his choice.

Appellant fails to demonstrate that his trial counsel's performance was deficient or that he was prejudiced. Counsel testified at the evidentiary hearing that he attempted to preserve for direct appeal the denial of the substitution of counsel in the guilty plea agreement, but the State would not agree to the preservation of that issue. See NRS 174.035(3). Counsel testified that, despite the State's refusal to agree to the preservation of that issue, appellant still agreed to enter a guilty plea.

Appellant fails to demonstrate that the actions of counsel in these circumstances were objectively unreasonable. In addition, appellant fails to demonstrate that objectively reasonable counsel would have attempted to file an interlocutory appeal regarding this issue, as he fails to demonstrate an appeal independent of his direct appeal would have been successfully pursued in this case. See NRS 177.045. Appellant fails to demonstrate a reasonable probability that he would have refused to plead guilty and would have insisted on trial had counsel made further efforts to

SUPREME COURT OF NEVADA (0) 1947A preserve this issue for direct appeal. Therefore, the district court did not err in denying this claim.

Having concluded that appellant is not entitled to relief, we ORDER the judgment of the district court AFFIRMED.

Saitta

cc: Hon. Elizabeth Goff Gonzalez, District Judge Christopher R. Oram Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA (0) 1.907A (urgepp