IN THE SUPREME COURT OF THE STATE OF NEVADA

SAID ELMAJZOUB, No. 72677 Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF 201/ CLARK; AND THE HONORABLE RICHARD SCOTTI, DISTRICT JUDGE, Respondents.

ORDER DENYING PETITION This is a pro se petition for a writ of prohibition seeking an order barring the district court from empanelling a second jury for a penalty hearing. Having considered the petition and supporting documents, and without deciding upon the merits of any claims raised therein, we conclude that extraordinary relief is not warranted. See NRS 34.320; NRS 34.330. We note that petitioner is represented by counsel in the proceedings below and should proceed by and through his counsel.

Further, petitioner should present his double jeopardy argument in the district court in the first instance. Accordingly, we ORDER the petition DENIED.

j, Hardesty

_yeksgALC J.

Parraguirre ■.) Stiglich cc: Hon. Richard Scotti, District Judge Said Elmajzoub Mace Yampolsky, Esq.

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