Opinion
No. 75015
05-15-2018
ROBERT LINZY BELLON, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK, Respondent.
ORDER DENYING PETITION
In this original petition for a writ of mandamus, Robert Linzy Bellon seeks an order directing the district court to grant him presentence credit in district court case number C157818. We conclude our intervention by way of extraordinary relief is not warranted because Bellon has a plain, speedy and adequate remedy for raising this claim. See NRS 34.160; NRS 34.170. A claim for presentence credit is a challenge to the validity of the judgment of conviction and sentence that must be raised on direct appeal or in a postconviction petition for a writ of habeas corpus filed in compliance with the provisions of NRS chapter 34. See Griffin v. State, 122 Nev. 737, 744, 137 P.3d 1165, 1166 (2006). Therefore, without reaching the merit of the claim raised, we
We express no opinion as to whether Bellon could meet the procedural requirements of NRS chapter 34. --------
ORDER the petition DENIED.
/s/_________, C.J.
Silver /s/_________, J.
Tao /s/_________, J.
Gibbons cc: Hon. Linda Marie Bell, District Judge
Robert Linzy Bellon
Attorney General/Carson City
Eighth District Court Clerk