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Crain v. State

SUPREME COURT OF THE STATE OF NEVADA
May 13, 2014
No. 65096 (Nev. May. 13, 2014)

Opinion

No. 65096

05-13-2014

STEVEN CHRISTOPHER CRAIN, Appellant, v. THE STATE OF NEVADA, Respondent.


An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.

ORDER OF AFFIRMANCE

This is a proper person appeal from an order denying a post-conviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Stefany Miley, Judge.

This appeal has been submitted for decision without oral argument, NRAP 34(f)(3), and we conclude that the record is sufficient for our review and briefing is unwarranted. See Luckett v. Warden, 91 Nev. 681, 682, 541 P.2d 910, 911 (1975).

Appellant filed a petition on June 18, 2013, challenging the validity of the judgment of conviction and sentence in district court case number C166673. Appellant discharged his term of imprisonment in 2006 and was on lifetime supervision at the time he filed his petition. A person on lifetime supervision may not file a post-conviction petition for a writ of habeas corpus because he is not under a sentence of death or imprisonment as required by NRS 34.724. See Coleman v. State, 130 Nev. ___, ___, ___ P.3d ___, ___ (Adv. Op. No. 22, March 27, 2014). Because appellant did not meet the imprisonment requirement of NRS 34.724, we conclude that the district court did not err in denying the petition. Accordingly, we

ORDER the judgment of the district court AFFIRMED.

We have reviewed all documents that appellant has submitted in proper person to the clerk of this court in this matter, and we conclude that no relief based upon those submissions is warranted. To the extent that appellant has attempted to present claims or facts in those submissions which were not previously presented in the proceedings below, we have declined to consider them in the first instance.
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__________, J.

Hardesty

__________, J.

Douglas

__________, J.

Cherry
cc: Hon. Stefany Miley, District Judge

Steven Christopher Crain

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk


Summaries of

Crain v. State

SUPREME COURT OF THE STATE OF NEVADA
May 13, 2014
No. 65096 (Nev. May. 13, 2014)
Case details for

Crain v. State

Case Details

Full title:STEVEN CHRISTOPHER CRAIN, Appellant, v. THE STATE OF NEVADA, Respondent.

Court:SUPREME COURT OF THE STATE OF NEVADA

Date published: May 13, 2014

Citations

No. 65096 (Nev. May. 13, 2014)