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Burkett v. Eighth Judicial Dist. Court

COURT OF APPEALS OF THE STATE OF NEVADA
Jun 25, 2019
No. 78774-COA (Nev. App. Jun. 25, 2019)

Opinion

No. 78774-COA

06-25-2019

JOEL BURKETT, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK, Respondent, and THE STATE OF NEVADA, Real Party in Interest.


ORDER DENYING PETITION

In this original petition for a writ of mandamus, Joel Burkett challenges his amended judgment of conviction, asserting it alters the sentence that was imposed by the district court at sentencing. Burkett seeks an order directing the district court to correct the amended judgment of conviction. Burkett has a plain, speedy, and adequate remedy available to him because a judgment of conviction can be challenged on direct appeal or in a postconviction petition for a writ of habeas corpus. Therefore, we conclude this court's intervention by way of extraordinary writ is not warranted, see NRS 34.170, and we

We express no opinion regarding the timeliness of any such appeal, see NRAP 4(b)(1), or whether Burkett can meet the procedural requirements for filing a postconviction petition, see NRS Chapter 34. --------

ORDER the petition DENIED.

/s/_________, C.J.

Gibbons

/s/_________, J.

Tao

/s/_________, J.

Bulla cc: Joel Burkett

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk


Summaries of

Burkett v. Eighth Judicial Dist. Court

COURT OF APPEALS OF THE STATE OF NEVADA
Jun 25, 2019
No. 78774-COA (Nev. App. Jun. 25, 2019)
Case details for

Burkett v. Eighth Judicial Dist. Court

Case Details

Full title:JOEL BURKETT, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE…

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Jun 25, 2019

Citations

No. 78774-COA (Nev. App. Jun. 25, 2019)