Silva (Ronald) v. Dist. Ct. (State) ( 2015 )


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  •                 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.
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    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
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    NEVADA
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    (0) 1947A 44gOzo
    

Document Info

Docket Number: 67785

Filed Date: 5/18/2015

Precedential Status: Non-Precedential

Modified Date: 4/18/2021