IN THE SUPREME COURT OF THE STATE OF NEVADA
SAMUEL GOMEZ, No. 80027
Appellant,
vs.
THE STATE OF NEVADA,
Respondent.
FILED
DEC 1 6 2020
k BROWN
E COURT
BY
ORDER OF REVERSAL AND REMAND
This is an appeal from a district court order denying a
postconviction petition for a writ of habeas corpus. Eighth Judicial District
Court, Clark County; Mary Kay Holthus, Judge.
Appellant Samuel Gomez contends that the district court
abused its discretion by denying his petition without appointing counsel.
We agree. See NRS 34.750(1). Gomez's petition indicated that he did not
comprehend the proceedings or understand English. Gomez relied on an
interpreter during trial. Gomez received a significant sentence, this was
his first petition challenging his judgment of conviction and was
accompanied by a certification of indigency, and he raised claims that
arguably require the assistance of counsel to conduct discovery.
Accordingly, we conclude that the district court abused its discretion when
SUPREME COURT
OF
NEVADA
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it denied Gomez's request for counsel. See id, Renteria-Novoa v. State,
, 760-61 (2017). We therefore
ORDER the judgment of the district court REVERSED AND
REMAND this matter to the district court for proceedings consistent with
this order.
J.
Stiglich
, J
cc: Hon. Mary Kay Holthus, District Judge
Emily K. Strand
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
SUPREME COURT
OF
NEVADA
2
i0) 1447A 400
