-
P.3d 360, 364(2011) (internal quotation marks and citation omitted); NRS 34.160. The writ of mandamus will issue only "where there is not a plain, speedy and adequate remedy in the ordinary course of law." NRS 34.170. Generally, the right to appeal is an adequate remedy in the ordinary course of law that will preclude writ relief, and "writ relief is not available to correct an untimely notice of appeal." Pan v. Eighth Judicial Dist. Court,
120 Nev. 222, 224,
88 P.3d 840, 841 (2004). Here, petitioner had an adequate legal remedy available to challenge his sentence and the information considered at sentencing—a direct appeal from the judgment of conviction. Petitioner may also challenge the validity of the judgment of conviction in a post-conviction petition for a writ of habeas corpus filed in the district court in the first instance.' NRS 34.724(2)(b); NRS 34.738(1). Therefore, we conclude a speedy and adequate legal remedy was available to petitioner and our intervention is not warranted. Moreover, even if this court were inclined to review the proceedings below, petitioner has failed to establish that the district court judge failed to perform any duty of her office or exercised her discretion in an arbitrary or capricious manner. The district court judge repeatedly informed petitioner during the hearing on the motion for reconsideration that the allegedly false information provided by the victims did not impact 1 We express no opinion as to whether petitioner could meet the procedural requirements of NRS chapter 34. SUPREME COURT OF NEVADA 2 (0) 1947A her sentencing decision. Nothing in the petition or appendix before this court demonstrates that the district court judge arbitrarily or capriciously exercised her discretion in denying the motion for reconsideration. Accordingly, we ORDER the petition DENIED. J. HM-C> kte-f 1-1.4b J. Douglas Cherry \,) cc: Hon. Stefany Miley, District Judge Mayfield, Gruber & Sheets Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk SUPREME COURT OF NEVADA 3 (0) 1947A 44gOzo
Document Info
Docket Number: 67785
Filed Date: 5/18/2015
Precedential Status: Non-Precedential
Modified Date: 4/18/2021