Opinion
No. 76769
09-26-2018
YIORKIS PINEDA-LAURENCIO, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK, Respondent.
ORDER DENYING PETITION
This original petition for a writ of mandamus seeks an order directing the district court to reverse and vacate the orders and actions that denied Yiorkis Pineda-Laurencio his constitutional right to life, liberty and the pursuit of happiness. Pineda-Laurencio asserts he has a mental disability and the district court abused its discretion by sentencing him to life in prison without the possibility of parole.
We have reviewed the documents filed in this matter, and without deciding upon the merits of any claims raised, we decline to exercise our original jurisdiction. See NRS 34.160; NRS 34.170; NRAP 21(b)(1); 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."). Pineda-Laurencio's claim is a challenge to the validity of the judgment of conviction that must be raised on direct appeal or in a postconviction petition for a writ of habeas corpus filed in the district court in the first instance, NRS 34.724(2)(b); NRS 34.738(1). Accordingly, we
We express no opinion regarding the timeliness of any such appeal, see NRAP 4(b)(1), or whether Pineda-Laurencio could meet the procedural requirements of NRS chapter 34. --------
ORDER the petition DENIED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Yiorkis Pineda-Laurencio
Attorney General/Carson City
Eighth District Court Clerk