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Based upon our review of the record on appeal, we conclude that the district court did not err in determining that appellant was not entitled to relief. NRS 34.724(2)(c) provides that a post-conviction petition for a writ of habeas corpus is the only remedy available to challenge the computation of time served, and therefore, a writ of mandamus is not available to challenge the application and calculation of appellant's statutory credits. Thus, we conclude that the district court did not err in denying the petition for a writ of mandamus. 2 Accordingly, we ORDER the judgment of the district court AFFIRMED. 3 Hardesty Otakolt - 4 j4/ • ParragUirre J. 2 Thedistrict court denied the petition for a writ of mandamus on the merits, but should not have reached the merits of appellant's claim pursuant to NRS 34.724(2)(c). However, we affirm because the district court reached the right result in denying the petition. See Wyatt v. State,
86 Nev. 294, 298,
468 P.2d 338, 341 (1970). 3 We have reviewed all documents that appellant has submitted in proper person to the clerk of this court in this matter, and we conclude that no relief based upon those submissions is warranted. To the extent that appellant has attempted to present claims or facts in those submissions which were not previously presented in the proceedings below, we have declined to consider them in the first instance. SUPREME COURT OF NEVADA 2 (0) I947A (A,„ cc: Hon. Linda Marie Bell, District Judge Nathanial Johnson Attorney General/Las Vegas Eighth District Court Clerk SUPREME COURT OF NEVADA 3 (0) 1947A
Document Info
Docket Number: 61503
Filed Date: 4/10/2013
Precedential Status: Non-Precedential
Modified Date: 10/30/2014