34.810(3). Because appellant failed to demonstrate good cause and actual prejudice to overcome the procedural default, we conclude that the district court did not err by denying his petition. Accordingly, we ORDER the judgment of the district court AFFIRMED.

k—kv.--09-east, , C.J.

Hardesty

A-3 .askaNnsitra Parraguirre Douglas

cc: Hon. Stefany Miley, District Judge Fernando Padron Rodriguez Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA (0) 1947A