Opinion
No. 81216-COA
08-12-2020
Alexander Casanellas LOPEZ, 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.
Alexander Casanellas Lopez Attorney General/Carson City Clark County District Attorney
Alexander Casanellas Lopez
Attorney General/Carson City
Clark County District Attorney
ORDER DENYING PETITION
In this original petition for a writ of mandamus and/or prohibition, Alexander Casanellas Lopez seeks an order directing the respondent court to award him 388 days of credit for time spent in presentence custody. Having reviewed the petition, we conclude our intervention by way of an extraordinary writ is unwarranted. See NRS 34.160 ; NRS 34.170 ; NRS 34.320 ; NRS 34.330 ; Hickey v. Eighth Judicial Dist. Court , 105 Nev. 729, 731, 782 P.2d 1336, 1337-38 (1989). "[A] claim for presentence credit is a claim challenging the validity of the judgment of conviction and sentence" and must "be raised on direct appeal or in a postconviction petition for a writ of habeas corpus filed in compliance with the requirements set forth in NRS chapter 34." Griffin v. State, 122 Nev. 737, 744, 137 P.3d 1165, 1169 (2006). Therefore, without reaching the merits of the claim raised, we
We express no opinion as to whether petitioner could meet the procedural requirements for filing a direct appeal, see NRAP 4(b), or for filing a postconviction petition, see NRS chapter 34.
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ORDER the petition DENIED.