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Matylinsky v. Second Judicial Dist. Court

COURT OF APPEALS OF THE STATE OF NEVADA
Jan 24, 2020
No. 80186-COA (Nev. App. Jan. 24, 2020)

Opinion

No. 80186-COA

01-24-2020

FRANK J. MATYLINSKY, JR., Petitioner, v. THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF WASHOE; AND THE HONORABLE EGAN K. WALKER, DISTRICT JUDGE, Respondents, and THE STATE OF NEVADA, Real Party in Interest.


ORDER DENYING PETITION

In this original petition for a writ of mandamus, Frank J. Matylinsky, Jr., seeks an order directing the district court to enter an amended judgment of conviction that complies with NRS 176.105(1)(c) and states the statutory basis for Matylinsky's convictions and punishment. Matylinsky asserts the lack of a citation in the judgment of conviction to the statutes under which he was convicted and punished constitute "a denial of due process of law as provided pursuant to NRS 176.105(1)(c) and Article 1, § 8 of the Nevada Constitution" and a denial of due process and equal protection under the Fourteenth Amendment of the United States Constitution.

Matylinsky's judgment of conviction was entered on September 25, 1984. In 1984, NRS 176.105 did not require the judgment of conviction to include citation to the statutes under which a person was convicted and punished. See 1979 Nev. Stat., ch. 571, § 2, at 1124. Because Matylinsky's judgment of conviction complies with the statutory requirements of NRS 176.105 that were in effect at the time his judgment was entered, we conclude Matylinsky has failed to demonstrate this court's intervention by way of extraordinary writ is warranted. Accordingly, we

ORDER the petition DENIED.

/s/_________, C.J.

Gibbons

/s/_________, J.

Tao

/s/_________, J.

Bulla cc: Hon. Egan K. Walker, District Judge

Frank J. Matylinsky, Jr.

Attorney General/Carson City

Washoe County District Attorney

Washoe District Court Clerk


Summaries of

Matylinsky v. Second Judicial Dist. Court

COURT OF APPEALS OF THE STATE OF NEVADA
Jan 24, 2020
No. 80186-COA (Nev. App. Jan. 24, 2020)
Case details for

Matylinsky v. Second Judicial Dist. Court

Case Details

Full title:FRANK J. MATYLINSKY, JR., Petitioner, v. THE SECOND JUDICIAL DISTRICT…

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Jan 24, 2020

Citations

No. 80186-COA (Nev. App. Jan. 24, 2020)