IN THE SUPREME COURT OF THE STATE OF NEVADA

THE STATE OF NEVADA, No. 75417 Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF FILED CLARK; AND THE HONORABLE STEFANY MILEY, DISTRICT JUDGE, MAY 1 5 2018 ELIZABETH A. BROWN Respondents, CLERK OF SUPREME COURT and Ers DEPUTYCt WILLIAM LESTER WITTER, Real Party in Interest.

ORDER DENYING PETITION This is a petition for a writ of mandamus challenging the district court's order granting a motion to enter a third amended judgment of conviction. 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; NRS 34.320; NRS 34.330; NRS 34.020. The State may litigate claims challenging the applicability of the decisions in Whitehead v. State, 128 Nev. 259, 285 P.3d 1053 (2012), and Slaatte v. State, 129 Nev. 219, 298 P.3d 1170 (2013), and the effect of the third amended judgment of conviction in the appeals pending in Witter v. State, Docket Nos. 73431, 73444. Accordingly, we ORDER the petition DENIED.

J. Cherry

SUPREME COURT alLA OF Parraguircn? Stiglich NEVADA

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1 cc: Hon. Stefany Miley, District Judge Attorney General/Carson City Clark County District Attorney Federal Public Defender/Las Vegas Eighth District Court Clerk

SUPREME COURT OF NEVADA

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