consents to a voluntary dismissal of this appeal. Cause appearing, we ORDER this appeal DISMISSED.'

/ At, petAin J.

Hardesty

J.

cc: Hon. Steve L. Dobrescu, District Judge State Public Defender/Ely State Public Defender/Carson City Attorney General/Carson City White Pine County District Attorney Attorney General/Ely White Pine County Clerk James David Ofeldt

'Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.

SUPREME COURT OF NEVADA (0) 1947A