Opinion
No. 58237.
07-15-2011
Brandon Richard CECIL, Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT OF the STATE of Nevada, in and for the COUNTY OF CLARK; and The Honorable Douglas W. Herndon, District Judge, Respondents, and The State of Nevada, Real Party in Interest.
Brandon Richard Cecil Attorney General/Carson City Clark County District Attorney
Brandon Richard Cecil
Attorney General/Carson City
Clark County District Attorney
ORDER DENYING PETITION
This is a proper person petition for a writ of mandamus. Petitioner seeks an order compelling the district court to award him presentence credit. We have reviewed the documents submitted in this matter, and without deciding upon the merits of any claims raised therein, we decline to exercise original jurisdiction in this matter. Petitioner's request constitutes a challenge to the validity of the judgment of conviction and sentence, which must be raised in a post-conviction 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 as to whether petitioner could meet the procedural requirements of NRS chapter 34.
ORDER the petition DENIED.