Opinion
No. 69049
11-17-2016
CHARLES JOSEPH MAKI, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
This is a pro se appeal from an order denying a motion to amend the judgment of conviction. Second Judicial District Court, Washoe County; Lidia Stiglich, Judge.
Appellant Charles Maki argues that the judgment of conviction did not comply with NRS 176.105. The district court denied the motion because a postconviction petition for a writ of habeas corpus is the proper remedy to challenge the validity of the judgment of conviction and sentence and the claims raised fell outside the scope of a motion to modify or correct an illegal sentence. Based upon our review of the record on appeal, we conclude that the district court did not err in denying the motion. Accordingly, we
Appellant may challenge the alleged failure to conduct a timely parole hearing in a petition for a writ of mandamus filed in the district court in the first instance. See NRS 34.160.
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Parraguirre /s/_________, J.
Hardesty /s/_________, J.
Pickering cc: Hon. Lidia Stiglich, District Judge
Charles Joseph Maki
Attorney General/Carson City
Washoe County District Attorney
Washoe District Court Clerk