Robledo-Noriega (Jose) Vs. Dist. Ct. (State)

• Court: Nevada Supreme Court
• Decided: September 16, 2020
• Docket: 81692
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

JOSE OSCAR ROBLEDO-NORIEGA, No. 81692 Petitioner, vs. THE FIFTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF NYE; FILED AND THE HONORABLE ROBERT W. LANE, DISTRICT JUDGE, SEP 1 6 2020 Respondents, ELIZABETH A. BROWN CLERK OF SUPREME COURT' and C Nte THE STATE OF NEVADA, DEPUT=1 Real Party in Interest.

ORDER DENYING PETITION FOR A WRIT OF MANDAMUS

This original pro se petition for a writ of mandamus argues that the district court incorrectly deprived petitioner of credit for time served in the judgment of conviction. We have considered the petition, and we decline to exercise our original jurisdiction in this matter. See NRS 34.170; NRAP 21(b)(1); Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) CPetitioner[ ] carr[ies] the burden of demonstrating that extraordinary relief is warranted."). Here, petitioner must "file a postconviction petition for a writ of habeas corpus to obtain relief from the conviction or sentence . . . ." Such a petition, filed in the county in which the petitioner is incarcerated, "[is] the only remedy available to an incarcerated person to challenge the computation of time that the person has served pursuant to a judgment of conviction." NRS 34.724(2)(c); see NRS 34.738(1).

SUPREME COURT OF NEVADA

(01 J)47A oggto Accordingly, without deciding upon the merits of any claims raised, we ORDER the petition DENIED.

Piek. , C.J. Pickering

LI(1:44 424) Hardesty Silver

cc: Hon. Robert W. Lane, District Judge Jose Oscar Robledo-Noriega Attorney General/Carson City Nye County District Attorney Nye County Clerk

(c) loam velo 2 ••• ec • ;17.? ININEStrkatit e — Z6AtfIV5 lUMfitgallk...Ai:Allele&&I ;lierliALita;PidiariStal .