Opinion
No. 76201
07-31-2018
IRVIN EUGENE MCQUEEN, Petitioner, v. THE FIFTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF ESMERALDA; AND THE HONORABLE KIMBERLY A. WANKER, DISTRICT JUDGE, Respondents.
ORDER DENYING PETITION
This original petition for a writ of mandamus and/or prohibition challenges the restitution imposed and the presentence credit granted in Irvin Eugene McQueen's judgment of conviction. We conclude our intervention by way of extraordinary writ is not warranted. See NRS 34.160; NRS 34.170; NRS 34.320; NRS 34.330. Claims challenging the restitution imposed and presentence credit are challenges to the validity of the judgment of conviction that must be raised on direct appeal or in a postconviction petition for a writ of habeas corpus filed in the district court in compliance with the provisions of NRS chapter 34. See Griffin v. State, 122 Nev. 737, 744, 137 P.3d 1165, 1169 (2006). Therefore, without reaching the merit of the claims 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. --------
ORDER the petition DENIED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Kimberly A. Wanker, District Judge
Irvin Eugene McQueen
Attorney General/Carson City
Nye County Clerk