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Brown v. State

Court of Appeals of Nevada
Jan 20, 2022
No. 83140-COA (Nev. App. Jan. 20, 2022)

Opinion

83140-COA

01-20-2022

MYKEL TYREL BROWN, Appellant, v. THE STATE OF NEVADA, Respondent.


UNPUBLISHED OPINION

ORDER OF AFFIRMANCE

Gibbons, C.J.

Mykel Tyrel Brown appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus filed on February 18, 2021. Eighth Judicial District Court, Clark County; Monica Trujillo, Judge.

Brown sought the retroactive application of changes to statutes prohibiting possession and/or trafficking of a controlled substance. Brown's claim neither challenged the validity of his guilty plea nor alleged his plea was entered without the effective assistance of counsel. Brown's claim was outside the scope of claims permissible in a postconviction petition for a writ of habeas corpus arising from a guilty plea. NRS 34.8l0(1)(a); Gonzales v. State, 137 Nev., Adv. Op. 40, 492 P.3d 556, 562 (2021). Accordingly, we

ORDER the judgment of the district court AFFIRMED.

The district court erred by addressing Brown's claim on the merits. We nevertheless affirm because the district court reached the correct resolution. See Wyatt v. State, 86 Nev. 294, 298, 468 P.2d 338, 341 (1970).

Tao, J., Bulla, J.

Hon. Monica Trujillo, District Judge.


Summaries of

Brown v. State

Court of Appeals of Nevada
Jan 20, 2022
No. 83140-COA (Nev. App. Jan. 20, 2022)
Case details for

Brown v. State

Case Details

Full title:MYKEL TYREL BROWN, Appellant, v. THE STATE OF NEVADA, Respondent.

Court:Court of Appeals of Nevada

Date published: Jan 20, 2022

Citations

No. 83140-COA (Nev. App. Jan. 20, 2022)