also final before Rubio was decided and he does not suggest that Rubio applies retroactively. We conclude that the district court did not abuse its discretion by denying Leon's motion, see Rubio, 124 Nev. at 1039, 194 P.3d at 1228-29, and we ORDER the judgment of the district court AFFIRMED.

/itotot j. Hardesty

cc: Hon. Valorie J. Vega, District Judge Don P. Chairez Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA 2 (0) 1947A