Opinion
No. 58030.
09-14-2011
Brian KAMEDULA, Appellant, v. The STATE of Nevada, Respondent.
Brian Kamedula Attorney General/Carson City Clark County District Attorney
Brian Kamedula
Attorney General/Carson City
Clark County District Attorney
ORDER OF AFFIRMANCE
This is a proper person appeal from an order of the district court denying a motion to amend a judgment of conviction. Eighth Judicial District Court, Clark County; Michelle Leavitt, Judge.
This appeal has been submitted for decision without oral argument, NRAP 34(f)(3), and we conclude that the record is sufficient for our review and briefing is unwarranted. See Luckett v. Warden, 91 Nev. 681, 682, 541 P.2d 910, 911 (1975).
In his motion, filed on February 5, 2011, appellant claimed that he was entitled to 133 days of credit for time served. A claim for presentence credits should be raised on direct appeal or in a timely postconviction petition for a writ of habeas corpus. Griffin v. State, 122 Nev. 737, 744, 137 P.3d 1165, 1169 (2006). Thus, appellant's motion is properly construed as a post-conviction petition for a writ of habeas corpus. NRS 34.724(2)(c).
Appellant's motion was untimely because it was filed more than 23 years after entry of the judgment of conviction on August 4, 1987. NRS 34.726(1). Thus, appellant's motion was procedurally barred absent a demonstration of cause for the delay and undue prejudice. Id. Appellant did not attempt to demonstrate cause for the delay. We therefore conclude that the district court did not err in denying the motion. Accordingly, we
No direct appeal was taken.
Appellant's petition was also filed more than 17 years after the effective date of NRS 34.726. See 1991 Nev. Stat., ch. 44, § 33, at 92.
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ORDER the judgment of the district court AFFIRMED.