Opinion
No. 80868-COA
12-08-2020
TONY ALLEN PRESSLER, Appellant, v. AITOR NARVAIZA, ELKO COUNTY SHERIFF, Respondent.
ORDER OF AFFIRMANCE
Tony Allen Pressler appeals from a district court order dismissing a postconviction petition filed on December 17, 2019. Fourth Judicial District Court, Elko County; Alvin R. Kacin, Judge.
Pressler claims the district court erred by dismissing his petition because he was deprived of effective assistance of counsel. However, Pressler filed his petition after he completed his sentence, and habeas relief is only available to petitioners who have not completed their sentence. See Nev. Const. 6, § 6(1); NRS 34.724(1); Jackson v. State, 115 Nev. 21, 23, 973 P.2d 241, 242 (1999). Therefore, we conclude the district court did not err by dismissing Pressler's petition, and we
ORDER the judgment of the district court AFFIRMED.
We conclude the district court did not abuse its discretion by declining to appoint postconviction counsel. See NRS 34.750(1).
/s/_________, C.J.
Gibbons /s/_________, J.
Tao /s/_________, J.
Bulla cc: Hon. Alvin R. Kacin, District Judge
Tony Allen Pressler
Attorney General/Carson City
Elko County District Attorney
Elko County Clerk