Cedeno (Devin) v. Dist. Ct. (Warden)

IN THE SUPREME COURT OF THE STATE OF NEVADA

DEVIN T. CEDENO, No. 78424 Petitioner, vs.

THE EIGHTH JUDICIAL DISTRICT

COURT OF THE STATE OF NEVADA,

IN AND FOR THE COUNTY OF

FILE CLARK, APR 1 0 2019 Respondent, and

BRIAN WILLIAMS; WARDEN,

Real Partyin Interest.

ORDER DENYING PETITION

In this original petition for a writ of habeas corpus, pro se petitioner challenges the validity of his judgment of conviction by guilty plea, alleging that he is actually innocent and that he received ineffective assistance of counsel. Without deciding upon the merits of any claims raised, we decline to exercise our original jurisdiction. See NRAP 21; Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004). A challenge to the validity of a 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.J.

91 J. A-02\ Pickering Hardesty SUPREME COURT

OF

NEVADA

U' 1947A ce

711C cc: Deyin T. Cedeno

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk

SUPREME COURT

OF

NEVADA

I947A