of the district court and remand with instructions to construe the motion as a post-conviction petition for a writ of habeas corpus. The claim also is not belied by the record that was before the district court. 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.

Saitta

J. Piekeif Gibbons Pickering

cc: Hon. Kenneth C. Cory, District Judge Robert Wayne Johnson Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA (0) 1947A