McCormick (Thomas) v. Dist. Ct. (State)

603-04, 637 P.2d 534, 536 (1981). 1 A petition for extraordinary relief is addressed to the sound discretion of the court. State ex rel. Dep't Transp. v. Thompson, 99 Nev. 358, 360, 662 P.2d 1338, 1339 (1983). A writ of mandamus will not issue, however, if petitioner has a plain, speedy and adequate remedy in the ordinary course of law. NRS 34.170. In this instance, petitioner has other adequate legal remedies to seek relief. Namely, he could have challenged the district court's sentencing decision on appeal from the judgment of conviction, as the allegations of error raised here were known at the time of sentencing; he could have appealed the district court's denial of his motion to correct an illegal sentence; and he may pursue post-conviction habeas relief. 2 Accordingly, we deny the petition. See NRAP 21(b).

It is so ORDERED.

Gibbons

J.

Douglas

1 In the alternative, petitioner seeks a writ of prohibition. Because the district court had jurisdiction to consider petitioner's motion to correct an illegal sentence and he did not challenge the district court's jurisdiction to proceed, prohibition is not an appropriate avenue for relief. See NRS 34.320.

2 We express no opinion as to whether petitioner can overcome any applicable procedural bars in pursuing post-conviction habeas relief. See, e.g., NRS 34.726(1).

SUPREME COURT

OF NEVADA

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' cc: Hon. Kimberly A. Wanker, District Judge

Pitaro & Fumo, Chtd.

Nye County District Attorney Attorney General/Carson City Nye County Clerk

SUPREME COURT

OF NEVADA

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