Opinion
No. 79623
10-11-2019
JUAN ACOSTA LOPEZ, Petitioner, v. CITY OF LAS VEGAS DETENTION CENTER, Respondent.
ORDER DENYING PETITION FOR A WRIT OF HABEAS CORPUS
This is an original pro se postconviction petition for a writ of habeas corpus in which petitioner appears to complain that his trial counsel was ineffective, particularly with regard to petitioner's request to withdraw his guilty plea and proceed to trial.
A challenge to a judgment of conviction must be raised in a postconviction petition for a writ of habeas corpus filed in the district court in the first instance. See NRS 34.724; NRS 34.738; NRAP 22. Therefore, without deciding the merits of the claims raised herein, we determine that our intervention is not warranted, see NRAP 21(b); 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."). Accordingly, we
ORDER the petition DENIED.
/s/_________, C.J.
Gibbons /s/_________, J.
Pickering /s/_________, J.
Hardesty cc: Juan Acosta Lopez
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk