First, appellant argues that counsel was ineffective for discouraging him from accepting the State's guilty plea offer. Appellant has failed to demonstrate deficiency. The reasonableness of counsel's actions are evaluated as of the time of the action, not through "the distorting effects of hindsight." Strickland, 466 U.S. at 689. Counsel testified that he had based his recommendation to reject the plea offer on the evidence and appellant's own words, and that it was only after hearing appellant's testimony at trial, the full contents of which he "didn't see . . . coming," that he realized he should have counseled him to accept the plea offer. Further, appellant's case is distinguishable from La/ler v. Cooper, in which the parties stipulated that counsel was deficient where counsel's advice was based upon a misunderstanding of the legal requirements to obtain a conviction. 566 U.S. „ 132 S. Ct. 1376, 1384 (2012). Here, the parties did not stipulate that counsel was deficient, and there is no allegation that counsel misunderstood the applicable law. Accordingly, appellant failed to demonstrate by a preponderance of the evidence that counsel's advice, at the time it was given, was objectively unreasonable.

We therefore conclude that the district court did not err in denying this claim.

Second, appellant argues that counsel was ineffective for failing to adequately investigate his mental health through a psychological or psychiatric evaluation. Appellant has failed to demonstrate prejudice.

Appellant failed to produce an expert witness or report at his evidentiary hearing to indicate what the results of an evaluation would have been.

Accordingly, appellant failed to demonstrate a reasonable probability of a different outcome had counsel obtained a psychological or psychiatric

SUPREME COURT OF NEVADA (0) 1947A eo evaluation. We therefore conclude that the district court did not err in denying this claim.

For the foregoing reasons, we ORDER the judgment of the district court AFFIRMED.

Saitta

cc: Hon. Stefany Miley, District Judge Lizzie R. Hatcher Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

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