Opinion
No. 73193
08-16-2017
STEVEN SAMUEL BRAUNSTEIN, Petitioner, v. THE STATE OF NEVADA; BRIAN WILLIAMS, WARDEN; THE HONORABLE KATHY A. HARDCASTLE, SENIOR JUDGE; AND THE HONORABLE MICHAEL VILLANI, DISTRICT JUDGE, Respondents.
ORDER DENYING PETITION
This is an original petition for a writ of mandamus seeking an order vacating petitioner's judgment of conviction. Petitioner asserts the district court lacked jurisdiction to rule on a motion for a new trial because the district court did not rule on that motion within seven days after the verdict or finding of guilt.
We have considered the petition on file herein, and we are not satisfied this court's intervention by way of extraordinary writ is warranted. See Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) ("Petitioner[ ] carr[ies] the burden of demonstrating that extraordinary relief is warranted."). Contrary to petitioner's assertion, NRS 176.515(4) never required the district court to act on a motion for a new trial within seven days of the verdict or finding of guilt. Accordingly, we
ORDER the petition DENIED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Steven Samuel Braunstein
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk