Opinion
No. 81826-COA
10-16-2020
Billy CEPERO, Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT of the State of Nevada, IN AND FOR the COUNTY OF CLARK, Respondent, and The State of Nevada, Real Party in Interest.
Attorney General/Carson City Clark County District Attorney
Attorney General/Carson City
Clark County District Attorney
ORDER DENYING PETITION
In this original petition for a writ of mandamus, Billy Cepero seeks an order directing respondent to amend Cepero's judgment of conviction to include presentence credits. Cepero could have raised his claim on direct appeal from his judgment of conviction or in a postconviction petition for a writ of habeas corpus. See Griffin v. State , 122 Nev. 737, 743-44, 137 P.3d 1165, 1169 (2006). Because Cepero had a plain, speedy, and adequate remedy, we decline to exercise our original jurisdiction and do not reach the merits of any claims raised in Cepero's petition. See 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."). Accordingly, we
ORDER the petition DENIED.