Lavoll

MEMORANDUM **

In 1997 Terrence LaVoll pleaded guilty to one count of sexual assault of a minor under sixteen years of age with use of a deadly weapon. He now claims that his plea was not entered knowingly, intelligently and voluntarily due to ineffective assistance of counsel. The Nevada Supreme Court denied his petition for writ of habeas corpus. The district court under AEDPA review also denied the petition but certified an issue for our review. We affirm.

On November 3, 1997, the petitioner, Terrence LaVoll, was indicted on four counts of sexual assault of a minor under sixteen years of age with use of a deadly weapon. On December 9, 1997, LaVoll pleaded guilty pursuant to North Carolina v. Alford, 400 U.S. 25 , 91 S.Ct. 160 , 27 L.Ed.2d 162 (1970), to one count of sexual assault. On December 17, 1997, LaVoll was sentenced to life in the Nevada State Prison.

Prior to pleading guilty in the case at issue in this habeas petition, LaVoll faced other criminal charges of sexual assault with a minor under sixteen years of age (three counts) and solicitation of a minor to engage in acts constituting the crime against nature (one count). He was convicted by a jury on all four counts…