Opinion
No. 72901
06-14-2017
EDGARDO SANCHEZ, Petitioner, v. WARDEN BRIAN WILLIAMS, SR.; AND THE STATE OF NEVADA, Respondents.
ORDER DENYING PETITION
Edgardo Sanchez petitions this court to authorize or direct the Nevada Department of Corrections to apply NRS 209.4465(7)(b) to determine the deduction of statutory credits from his sentence. Sanchez also asserts he was sentenced under the incorrect charge.
Sanchez has identified this matter as an appeal, however, he has not identified an order that he is attempting to appeal from. Because of this and the relief sought, we construe this matter as a petition for extraordinary relief.
We have considered the petition on file herein, and we are not satisfied this court's intervention by way of extraordinary writ is warranted at this time. Accordingly, without deciding upon the merits of any claims raised therein, we deny the petition. 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."). Challenges to the computation of time served should be raised in a postconviction petition for a writ of habeas corpus filed in the district court in the first instance. NRS 34.724(2)(c); NRS 34.738(1). And a challenge to the sentence can be raised on direct appeal. Accordingly, we
We express no opinion regarding the timeliness any such appeal. See NRAP 4(b)(1). --------
ORDER the petition DENIED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Edgardo Sanchez
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk