Opinion
No. 61281
04-10-2013
RICHARD S. HADDAD, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 of the district court denying a post-conviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Doug Smith, 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 stated in his April 23, 2012, petition that he had expired his sentence and was no longer in custody when he filed the petition in the district court. A post-conviction petition for a writ of habeas corpus is not available to petitioners who have completed the sentence imposed by the judgment of conviction and are no longer in custody. See Nev. Const. art. 6, § 6(1); NRS 34.724(1); Jackson v. State, 115 Nev. 21, 23, 973 P.2d 241, 242 (1999). Therefore, we conclude the district court did not err in denying the petition. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
_______________, J.
Hardesty
_______________, J.
Parraguirre
_______________, J.
Cherry
cc: Hon. Doug Smith, District Judge
Richard S. Haddad
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk