Williams (Eric) v. State

IN THE SUPREME COURT OF THE STATE OF NEVADA

ERIC D. WILLIAMS, No. 72022 Petitioner, vs. THE STATE OF NEVADA, FILED Respondent.

JAN 1 2 2017

ORDER DENYING PETITION This petition seeks a writ of mandamus or prohibition.

Despite petitioner's representation to the contrary, the petition challenges a judgment of conviction and sentence. Those challenges must be presented to the district court in the first instance in a postconviction petition for a writ of habeas corpus. 1 See NRS 34.724(2)(b); NRS 34.738; NRAP 22. We decline to consider the issues raised in the petition for writ of mandamus or prohibition, see NRS 34.170; NRS 34.330; Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 224, 228, 88 P.3d 840,

'The documents submitted with the petition indicate that petitioner has filed a postconviction habeas petition in the district court. If the district court denies the petition, then petitioner may appeal the decision to this court by timely filing a notice of appeal in the district court. NRS 34.575(1) (providing that if district court denies postconviction habeas petition, petitioner may appeal by filing a notice of appeal within 30 days after service of written notice of entry of the district court's order); NRAP ("If an application [for a writ of habeas corpus] is made to the district court and denied, the proper remedy is by appeal from the district court's order denying the writ.").

SUPREME CounT OF NEVADA

(0) 1947A 0 841, 844 (2004); Round Hill Gen. Improvement Dist. v. Newman, 97 Nev. 601, 637 P.2d 534 (1981), and we ORDER the petition DENIED.

Dou

Gibbons

Pickering cc: Hon. Jessie Elizabeth Walsh, District Judge Eric D. Williams Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA (0) 1947A

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