100 Nev. 430, 432-33, 683 P.2d 504, 505 (1984). The district court conducted an evidentiary hearing during which trial counsel testified that he believed that the State offered a plea to a low-level trafficking offense shortly before trial, but counsel could not specifically recall the offer.

Counsel did not discuss the offer with Tatum at the time of the offer. An assistant district attorney testified that he did not recall such an offer being made shortly before trial. Based on the testimony, the district court found that the State never made the alleged offer. The district court's factual findings are supported by substantial evidence. Riley v. State, 110 Nev. 638, 647, 878 P.2d 272, 278 (1994) (affording deference to district court's factual findings that are supported by substantial evidence).

Tatum failed to meet his burden of demonstrating that counsel received an offer from the State that he failed to convey to Tatum. Means v. State, 120 Nev. 1001, 1012, 103 P.3d 25, 33 (2004) (requiring proponent of ineffective assistance of counsel claim prove allegations by a preponderance of the evidence); see Missouri v. Frye, 566 U.S. „ 132 S. Ct. 1399, 1409 (2012) (to demonstrate ineffective assistance of counsel from failure to communicate plea offer, proponent must show counsel failed to communicate offer and that client would have accepted offer).

Accordingly, we ORDER the judgment of the district court AFFIRMED.

J.

J.

Saitta SUPREME COURT OF NEVADA (0) 19474 )(1704.4 cc: Hon. Carolyn Ellsworth, District Judge Carmine J. Colucci & Associates Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA (0) 1947A ce