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Weatherspoon v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Apr 14, 2015
No. 64739 (Nev. App. Apr. 14, 2015)

Opinion

No. 64739

04-14-2015

MARKUS WEATHERSPOON, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 AFFIRMANCE

This is an appeal from a district court order denying a petition for a writ of mandamus. Eighth Judicial District Court, Clark County; Kathleen E. Delaney, Judge.

Appellant Markus Weatherspoon filed a petition for a writ of mandamus in the district court, apparently seeking an order compelling the application of the ameliorative amendments to NRS 193.165 to his judgment of conviction. The State responded that the district court lacked jurisdiction to issue a writ of mandamus against itself. And the district court summarily denied the petition.

Because the district court's jurisdiction to issue writs is limited to inferior tribunals, corporations, boards, or persons, NRS 34.160, and the proper penalty for the use of a deadly weapon is the penalty that was in effect when the offense was committed, State v. Second Judicial Dist. Court (Pullin), 124 Nev. 564, 572, 188 P.3d 1079, 1084 (2008), Weatherspoon has not demonstrated that the district court abused its discretion by denying the writ petition, see City of Reno v. Reno Gazette-Journal, 119 Nev. 55, 58, 63 P.3d 1147, 1148 (2003). Accordingly, we

ORDER the judgment of the district court AFFIRMED.

/s/_________, C.J.

Gibbons

/s/_________, J.

Tao

/s/_________, J.

Silver
cc: Hon. Kathleen E. Delaney, District Judge

George E. Cromer

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk


Summaries of

Weatherspoon v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Apr 14, 2015
No. 64739 (Nev. App. Apr. 14, 2015)
Case details for

Weatherspoon v. State

Case Details

Full title:MARKUS WEATHERSPOON, Appellant, v. THE STATE OF NEVADA, Respondent.

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Apr 14, 2015

Citations

No. 64739 (Nev. App. Apr. 14, 2015)