Opinion
No. 80222-COA
08-31-2020
JAMES HOWARD HAYES, JR., Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
James Howard Hayes, Jr., appeals from an order of the district court denying a "motion in the nature of a writ of coram nobis" filed on September 9, 2019. Eighth Judicial District Court, Clark County; Joseph T. Bonaventure, Senior Judge.
To seek relief pursuant to a writ of coram nobis, the petitioner or movant must not have another legal remedy available with which to challenge his conviction. Trujillo v. State, 129. Nev. 706, 716, 310 P.3d 594, 601 (2013). Because Hayes was under a sentence of imprisonment for the conviction he is attempting to challenge at the time he filed his motion, he had a legal remedy he could have used to challenge his conviction. See NRS 34.724(1) ("Any person convicted of a crime and under sentence of death or imprisonment . . . may . . . file a postconviction petition for a writ of habeas corpus to obtain relief from the conviction or sentence."); see also Trujillo, 129 Nev. at 716, 310 P.3d at 601. Because Hayes improperly sought relief through a writ of coram nobis, we conclude the district court did not err by denying the motion. Accordingly, we
We express no opinion as to whether Hayes could meet the procedural requirements for filing a postconviction petition. See NRS chapter 34.
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Bulla cc: Chief Judge, Eighth Judicial District Court
Hon. Joseph T. Bonaventure, Senior Judge
James Howard Hayes, Jr.
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk