Based upon our review of the record on appeal, we conclude that appellant's petition was improperly transferred to the Eighth Judicial District Court and incorrectly denied as procedurally barred. Appellant's petition did not challenge the validity of the judgment of conviction and sentence, but rather challenged NRS 213.1215(2), as drafted and as applied. Such a challenge should be raised in a petition for a writ of habeas corpus filed in the county in which the petitioner is incarcerated.

See NRS 34.360; NRS 34.738(1). Thus, we reverse the decision of the district court denying the petition, and we remand with instructions for the clerk of the district court to transfer the petition to the Sixth Judicial 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.

TbOCIft.Dtry .

Parraguirre

J.

Douglas Cherry

cc: Eighth Judicial District Court Dept. 20 John L. Williams Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA (0) 1907A 9t7,0