Opinion
No. 63807
03-12-2014
MARCO ANTONIO SANCHEZ, Appellant, v. THE STATE OF NEVADA, Respondent.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER OF REVERSAL AND REMAND
This is a proper person appeal from an order of the district court dismissing a proper person petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Adriana Escobar, Judge.
This appeal has been submitted for decision without oral argument, NRAP 34(f)(3), and we conclude that the record is sufficient for our review and briefing is unwarranted. See Luckett v. Warden, 91 Nev. 681, 682, 541 P.2d 910, 911(1975).
On May 8, 2013, appellant attempted to file a post-conviction petition for a writ of habeas corpus seeking additional presentence credits in his criminal case number C142877. The district court clerk instead filed the petition in a separate civil case, A681369. The district court then denied the petition because it should have been filed in the criminal case.
Based on the foregoing, we conclude that it was error for the district court to deny the petition rather than have the petition transferred to the criminal case. Accordingly, we
ORDER the judgment of the district court REVERSED AND REMAND for the district court to transfer the petition filed in A681369 to criminal case number C142877.
__________, J.
Hardesty
__________, J.
Douglas
__________, J.
Cherry
cc: Hon. Adriana Escobar, District Judge
Marco Antonio Sanchez
Attorney General/Carson City
Attorney General/Las Vegas
Clark County District Attorney
Eighth District Court Clerk