(establishing two-part test for ineffective assistance of counsel); Kirksey v. State, 112 Nev. 980, 987-88, 923 P.2d 1102, 1107 (1996) (applying the test in Strickland to a conviction based on a guilty plea); see also Means v. State, 120 Nev. 1001, 1012, 103 P.3d 25, 33 (2004) (petitioner must prove the facts underlying his claims of ineffective-assistance by a preponderance of the evidence). Accordingly, we ORDER the judgment of the district court AFFIRMED.

, J.

Hardesty

Ovut Douglas Cherry

cc: Hon. Janet J. Berry, District Judge Story Law Group Attorney General/Carson City Washoe County District Attorney Washoe District Court Clerk

SUPREME COURT OF NEVADA (01 1947A er,