The district court heard arguments from counsel and determined that an evidentiary hearing was not required because Cleveland's claim was not supported by the record. The district court noted that Cleveland "had been declared competent prior to entering his plea," and that his guilty plea was entered knowingly and voluntarily.

The district court also found that the State was prejudiced by the delay in the filing of Cleveland's motion and that laches applied. Because of the absence of good cause and prejudice to overcome the procedural bars, and the further determination that Cleveland's motion lacked merit, we conclude that the district court did not err by denying his motion.

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

Pickering Saitta

cc: Hon. Robert W. Lane, District Judge Chesnoff & Schonfeld Nye County District Attorney Attorney General/Carson City Nye County Clerk

SUPREME COURT OF NEVADA (0) I94Th