Opinion
No. 71907
01-12-2017
BRADLEY ELLINGSON, Petitioner, v. THE STATE OF NEVADA, Respondent.
ORDER DENYING PETITION
This petition appears to seek a writ of mandamus related to a pending criminal prosecution. To the extent that petitioner seeks relief from his guilty plea, he has an adequate remedy at law either through an appeal from the judgment of conviction entered after sentencing, see NRS 177.015, or a postconviction petition for a writ of habeas corpus, see NRS 34.720, 34.724(1). We therefore conclude that a writ of mandamus is not proper. See NRS 34.170 (providing that writ of mandamus is proper only when there is no plain, adequate, and speedy legal remedy); NRS 34.724(2) (providing that postconviction habeas petition takes the place of all other remedies for challenging validity of a conviction or sentence, aside from a direct appeal and remedies that are incident to the trial court proceedings); Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 224, 88 P.3d 840, 841 (2004) ("[T]he right to appeal is generally an adequate legal remedy that precludes writ relief."). Accordingly, we
Petitioner has not provided an appendix as required by NRAP 21(a)(4).
We express no opinion as to whether petitioner can meet the requirements for filing a timely notice of appeal or comply with the procedural requirements for a petition filed under NRS chapter 34.
ORDER the petition DENIED.
/s/_________, J.
Douglas
/s/_________, J.
Gibbons
/s/_________, J.
Pickering cc: Hon. Steven L. Dobrescu, District Judge
White Pine County Public Defender
Bradley Ellingson
Attorney General/Carson City
White Pine County District Attorney
White Pine County Clerk