From Casetext: Smarter Legal Research

Cota v. Gittere

Court of Appeals of Nevada
May 5, 2022
No. 83774-COA (Nev. App. May. 5, 2022)

Opinion

83774-COA

05-05-2022

MICHAEL LUIS COTA, Appellant, v. WILLIAM A. GITTERE, WARDEN, NEVADA DEPARTMENT OF CORRECTIONS, Respondent.


UNPUBLISHED OPINION

ORDER OF AFFIRMANCE

Michael Luis Cota appeals from an order of the district court denying a postconviction petition requesting genetic marker analysis. Ninth Judicial District Court, Douglas County; Thomas W. Gregory, Judge.

In his August 26, 2021, petition, Cota requested testing of DNA samples contained on an assault rifle. A postconviction petition requesting genetic marker analysis must be served by registered mail upon both the Attorney General and "the district attorney in the county in which the petitioner was convicted." NRS 176.0918(2). If the petitioner fails to satisfy the requirements of NRS 176.0918, the district court "shall enter an order dismissing" the petition. NRS 176.09183(5).

The district court found that Cota did not demonstrate that he served the State as required by NRS 176.0918. The record supports the district court's finding. Therefore, we conclude that the district court did not err by concluding that Cota was not entitled to relief. Accordingly, we ORDER the judgment of the district court AFFIRMED.

The Honorable Michael Gibbons, Chief Judge, did not participate in the decision in this matter.

Tao, J., Bulla, J.

Hon. Thomas W. Gregory, District Judge.


Summaries of

Cota v. Gittere

Court of Appeals of Nevada
May 5, 2022
No. 83774-COA (Nev. App. May. 5, 2022)
Case details for

Cota v. Gittere

Case Details

Full title:MICHAEL LUIS COTA, Appellant, v. WILLIAM A. GITTERE, WARDEN, NEVADA…

Court:Court of Appeals of Nevada

Date published: May 5, 2022

Citations

No. 83774-COA (Nev. App. May. 5, 2022)