Opinion
No. 66395
12-11-2014
ANTONIO LEE MIXON, Appellant, v. THE STATE OF NEVADA, Respondent.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER OF AFFIRMANCE
This is a proper person appeal from an order of the district court denying a petition for a writ of coram nobis. Eighth Judicial District Court, Clark County; Valerie Adair, 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).
Appellant filed a petition for writ of coram nobis on April 7, 2014, challenging the validity of his conviction and sentence. In his petition, appellant claimed that his conviction violated the Double Jeopardy Clause. Appellant's claim was not properly raised in a petition for a writ of coram nobis because it involved legal and not factual errors. See Trujillo v. State, 129 Nev. ___, ___, 310 P.3d 594, 601-02 (2013). Therefore, the district court did not err in denying the petition, and we
ORDER the judgment of the district court AFFIRMED.
Although the district court erroneously construed the petition to be a post-conviction petition for a writ of habeas corpus, we nevertheless affirm the district court's decision for the reasons discussed in this order. See Wyatt v. State, 86 Nev. 294, 298, 468 P.2d 338, 341 (1970) (holding that a correct result will not be reversed simply because it is based on the wrong reason).
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/s/_________, C.J.
Gibbons
/s/_________, J.
Pickering
/s/_________, J.
Saitta
cc: Hon. Valerie Adair, District Judge
Antonio Lee Mixon
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk