IN THE SUPREME COURT OF THE STATE OF NEVADA

TANIKO CURT SMITH, No. 69552 Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT FILED COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF FEB 1 0 2016 CLARK, TRACIE•K. UNDEMAN CLERK OF SUPREME COURT Respondent. BY DEPUTY CLERK

ORDER DENYING PETITION This is a pro se petition for a writ of mandamus. Petitioner seeks an order directing the district court to vacate his conviction of first- degree murder with the use of a deadly weapon because the verdict form did not• specify the degree of murder. We have reviewed the documents submitted in this matter, and without deciding upon the merits of any claims raised therein, we decline to exercise original jurisdiction in this matter. See NRS 34.160; NRS 34.170. A challenge to the validity of the judgment of conviction must be raised in a postconviction petition for a writ of habeas corpus filed in the district court in the first instance.' NRS 34.724(2)(b); NRS 34.738(1). Accordingly, we ORDER the petition DENIED.

C.A.A , C.J.

Parraguirre

J. J.

Dougla

'We express no opinion as to whether petitioner could meet the SUPREME COURT procedural requirements of NRS chapter 34.

OF NEVADA (0) 1 947A °C5° -N-142. 0 cc: Taniko Curt Smith Attorney General/Carson City Eighth District Court Clerk

SUPREME COURT OF NEVADA

(0) 1947A IN THE SUPREME COURT OF THE STATE OF NEVADA

TANIKO CURT SMITH, No. 69552 Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT FILED COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF FEB 1 0 2016 CLARK, TRACIE•K. UNDEMAN CLERK OF SUPREME COURT Respondent. BY DEPUTY CLERK

ORDER DENYING PETITION This is a pro se petition for a writ of mandamus. Petitioner seeks an order directing the district court to vacate his conviction of first- degree murder with the use of a deadly weapon because the verdict form did not• specify the degree of murder. We have reviewed the documents submitted in this matter, and without deciding upon the merits of any claims raised therein, we decline to exercise original jurisdiction in this matter. See NRS 34.160; NRS 34.170. A challenge to the validity of the judgment of conviction must be raised in a postconviction petition for a writ of habeas corpus filed in the district court in the first instance.' NRS 34.724(2)(b); NRS 34.738(1). Accordingly, we ORDER the petition DENIED.

C.A.A , C.J.

Parraguirre

J. J.

Dougla

'We express no opinion as to whether petitioner could meet the SUPREME COURT procedural requirements of NRS chapter 34.

OF NEVADA (0) 1 947A °C5° -N-142. 0 cc: Taniko Curt Smith Attorney General/Carson City Eighth District Court Clerk

SUPREME COURT OF NEVADA

(0) 1947A