Opinion
No. 75125
07-20-2018
FREDERICK VONSEYDEWITZ, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK, Respondent, and THE STATE OF NEVADA, Real Party in Interest.
ORDER DENYING PETITION
This original petition for a writ of mandamus seeks an order directing the district court to "enforce the 'escape clause' of the guilty plea." Frederick Vonseydewitz asserts, because he received his parole eligibility hearing three years late, the State did not abide by the plea negotiations and he is entitled to invoke his right to withdraw his guilty plea and proceed to trial.
We have considered the petition, and without deciding upon the merits of any claims raised, we decline to exercise our original jurisdiction in this matter. See NRS 34.160; NRAP 21(b)(1); Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) ("Petitioner[ ] carr[ies] the burden of demonstrating that extraordinary relief is warranted."). "[A] post-conviction petition for a writ of habeas corpus [filed in the district court] provides the exclusive remedy for a challenge to the validity of the guilty plea made after sentencing for persons in custody on the conviction being challenged." Harris v. State, 130 Nev. 435, 448, 329 P.3d 619, 628 (2014). Accordingly, we
ORDER the petition DENIED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Frederick Vonseydewitz
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk