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