Opinion
No. 66554
01-21-2015
BRIAN KERRY O'KEEFE, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 an appeal from an order denying a post-conviction petition for a writ of coram nobis. Eighth Judicial District Court, Clark County; Valorie J. Vega, 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 August 21, 2014, petition, appellant argued the district court lacked subject matter jurisdiction over his case because the State failed to prove his prior convictions. Appellant failed to demonstrate that he was entitled to relief on his petition for a writ of coram nobis. Appellant's claims were not properly raised in a petition for a writ of coram nobis because this claim could have been raised earlier or it involved legal and not factual errors. See Trujillo v. State, 129 Nev. ___, ___, 310 P.3d 594, 601-02 (2013). Appellant has previously litigated a post-conviction petition for a writ of habeas corpus, O'Keefe v. State, Docket No. 48867 (Order of Affirmance, October 31, 2007), and appellant failed to demonstrate that he could not have raised his current claim in that petition. See Trujillo, 129 Nev. at ___, 310 P.3d at 601-02 (discussing that it is the petitioner's burden to demonstrate that he could not have reasonably raised his claims at an earlier time). Therefore, the district court did not err in denying the petition. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Silver
cc: Hon. Valorie J. Vega, District Judge
Brian Kerry O'Keefe
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk