Opinion
85803-COA
01-25-2024
JESSE D. NOBLE, A/K/A JESSE NOBEL, JR., Appellant, v. THE STATE OF NEVADA, Respondent.
UNPUBLISHED OPINION
ORDER OF AFFIRMANCE
GIBBONS, C.J.
Jesse D. Noble appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus filed on November 18, 2019, and a supplemental petition filed on August 11, 2020. Eighth Judicial District Court, Clark County; Mary Kay Holthus, Judge.
Noble's initial pleading, filed pro se, is titled "Motion for New Trial." The district court construed it as a postconviction petition for a writ of habeas corpus, and Noble does not challenge this decision on appeal.
Noble argues the district court erred by denying his petition, because insufficient evidence supports his conviction. This claim was not raised below, and we decline to consider it on appeal in the first instance. See McNelton v. State, 115 Nev. 396, 416, 990 P.2d 1263, 1276 (1999). Accordingly, we
ORDER the judgment of the district court AFFIRMED.
Bulla, J., Westbrook, J.
Hon. Mary Kay Holthus, District Judge