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Moraga v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Nov 23, 2020
No. 80897-COA (Nev. App. Nov. 23, 2020)

Opinion

No. 80897-COA

11-23-2020

ROY DANIELS MORAGA, Appellant, v. THE STATE OF NEVADA, Respondent.


ORDER OF AFFIRMANCE

Roy Daniels Moraga appeals from an order of the district court denying a "petition for extraordinary writ and/or writ of certioarari" filed on February 11, 2020. Eighth Judicial District Court, Clark County; Jacqueline M. Bluth, Judge.

In his petition, Moraga challenged his judgment of conviction and requested the district court to "dismiss the habitual criminal adjudication." We review the denial of a petition for extraordinary relief for an abuse of discretion. See Kollar v. State, 122 Nev. 223, 226, 130 P.3d 653, 655 (2006). We conclude the district court did not abuse its discretion by denying the petition because Moraga improperly challenged the validity of a judgment of conviction through a petition seeking extraordinary relief. See NRS 34.724(2)(b) (stating a postconviction petition for a writ of habeas corpus is the proper vehicle with which to challenge the validity of a judgment of conviction). Accordingly, we

ORDER the judgment of the district court AFFIRMED.

/s/_________, C.J.

Gibbons /s/_________, J.
Tao /s/_________, J.
Bulla cc: Hon. Jacqueline M. Bluth, District Judge

Roy Daniels Moraga

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk


Summaries of

Moraga v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Nov 23, 2020
No. 80897-COA (Nev. App. Nov. 23, 2020)
Case details for

Moraga v. State

Case Details

Full title:ROY DANIELS MORAGA, Appellant, v. THE STATE OF NEVADA, Respondent.

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Nov 23, 2020

Citations

No. 80897-COA (Nev. App. Nov. 23, 2020)