Hooper (David) v. Warden ( 2016 )

IN THE SUPREME COURT OF THE STATE OF NEVADA
DAVID OWENS HOOFER, No. 69107
Appellant,
vs.
RENEE BAKER, WARDEN, FILED
Respondent. JUN 1 7 2016
ORDER OF AFFIRMANCE
This is a pro se appeal from a district court order dismissing a
postconviction petition for a writ of habeas corpus.' Seventh Judicial
District Court, White Pine County; Steve L. Dobrescu, Judge.
Appellant David Owens Hooper argues that the district court
erred in dismissing his postconviction petition for a writ of habeas corpus.
The district court dismissed the petition because this court had reversed
Hooper's judgment of conviction, see Hooper v. State, Docket No. 63027
(NIarch 26, 2015), such that there was no conviction or sentence from
which habeas relief could be granted. See NRS 34.720 (setting forth the
scope of petitions for postconviction habeas relief). Having reviewed the
'Having considered the pro se brief filed by appellant, we conclude
that a response is not necessary. NRAP 46A(c). This appeal therefore has
been submitted for decision based on the pro se brief and the record. See
NRAP 34(0(3).
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record, we agree that postconviction relief is not warranted. 2 Accordingly,
we
ORDER the judgment of the district court AFFIRMED. 3
J.
J.
CC: Hon. Steve L. Dobrescu, District Judge
David Owens Hooper
Attorney General/Carson City
White Pine County District Attorney
Attorney General/Ely
White Pine County Clerk
2 Even construing the petition as seeking pretrial relief, we note that
relief would not be warranted because (1) a challenge asserting a lack of
probable cause must be filed in a pretrial petition for a writ of habeas
corpus within 21 days of the petitioner's first appearance in district court,
see NRS 34.700(1)(a), and Hooper did not file the underlying petition until
more than 2 years after his first appearance and (2) Hooper's double
jeopardy claim lacks merit, as double jeopardy does not bar retrial when a
defendant is retried following the reversal and remand of a prior
conviction, see Collier v. State, 103 Nev. 563, 565, 747 P.2d 225, 226
(1987).
3 We deny Hooper's request for publication. See NRAP 36(c).
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2
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