person supplemental petition. The district court subsequently allowed counsel to withdraw and appellant then filed seven more supplemental petitions. After appellant filed his last supplemental petition on December 5, 2013, the district court ordered the State to respond. The State filed a motion to dismiss the petition and supplements on the grounds that the petition was prematurely filed, the supplements were untimely filed and were fugitive pleadings, and appellant's claims were without merit or were procedurally barred. The district court granted the State's motion and dismissed appellant's petition.

We conclude that the district court erred in dismissing appellant's petition. The district court did not address any of the claims raised in the June 18, 2009, petition. Rather, the district court appeared to find that the petition was prematurely filed and that the supplemental petition filed on October 9, 2012, was untimely because it was filed more than one year after the issuance of remittitur on direct appeal. Although the June 18, 2009, petition was filed before entry of the judgment of conviction on July 10, 2009, we conclude that this was not a proper basis for denying the petition almost five years later, especially when the district court proceeded with the petition following entry of the judgment by appointing counsel and characterizing the proceedings as "post- conviction." Therefore, we reverse with instructions for the district court to consider the June 18, 2009, petition. At that time, the district court

SUPREME COURT OF NEVADA (0) 1947A se may also consider whether the supplemental petitions may be filed pursuant to NRS 34.750(5). Accordingly, we ORDER the judgment of the district court REVERSED AND REMAND this matter to the district court for proceedings consistent with this order.

, J.

Hardesty

et ir7/‘ J.

Douglas

J.

cc: Hon. Brent T. Adams, District Judge Frank Milford Peck Attorney General/Carson City Washoe County District Attorney Washoe District Court Clerk

SUPREME COURT OF NEVADA (0) 1947A' e