IN THE SUPREME COURT OF THE STATE OF NEVADA

PEDRO RODRIGUEZ, No. 70969 Appellant, vs. THE STATE OF NEVADA, Respondent. FILED MAY 0 5 2017 ELIZABETH A. BROWN CLERK OF COURT BY S _y DEPUTY

OF REVERSAL AND REMAND This is an appeal from an order of the district court denying a postconviction petition for a writ of habeas corpus in a death penalty case.

Second Judicial District Court, Washoe County; Lynne K. Simons, Judge.

Rodriguez's sole contention on appeal is that the district court erred in dismissing his postconviction petition without appointing counsel to represent him pursuant to NRS 34.820. We agree. NRS 34.820(1) mandates the appointment of counsel when a petitioner who is under a sentence of death files the first postconviction petition challenging his "conviction or sentence." (Emphasis added.) Although Rodriguez filed a prior postconviction petition, he obtained relief and was granted a new sentencing hearing, making the instant petition his first challenging his current death sentence and the proceedings that resulted in that sentence.

We acknowledge that Rodriguez's pro se petition includes bare allegations that are unsupported by specific factual allegations. See Hargrove v. State, 100 Nev. 498, 502, 686 P.2d 222, 225 (1984) (stating that "bare" or "naked" allegations in a postconviction petition do not warrant relief).

However, as he was entitled to the appointment of counsel under NRS SUPREME COURT OF NEVADA

(0) 1947A e - ic-11 33 34.820(1) upon the filing of the petition, the district court's decision to dismiss on this basis was erroneous. Accordingly, we ORDER the judgment of the district court REVERSED AND REMAND this matter to the district court for the appointment of counsel and further proceedings.

Cherry

f—Lect-c, , J. , J.

Hardesty Douglas

j.

Parraguirre bbons

Adam (AI ' ' J.

Pickering Stiglich

CC: Hon. Lynne K. Simons, District Judge Pedro Rodriguez Attorney General/Carson City Washoe County District Attorney Washoe District Court Clerk

SUPREME COURT OF NEVADA (0) 1947A