Wheeler (Davontae) v. Dist. Ct. (State)

IN THE SUPREME COURT OF THE STATE OF NEVADA

DAVONTAE AMARRI WHEELER, No. 78442 Petitioner, vs.

THE EIGHTH JUDICIAL DISTRICT

COURT OF THE STATE OF NEVADA,

IN AND FOR THE COUNTY OF CLARK;

AND THE HONORABLE MICHELLE MAY 15 LEAVITT, DISTRICT JUDGE,

CL Respondents,

El and IDFEnfGLLE1 THE STATE OF NEVADA,

Real Party in Interest.

ORDER DENYING PETITION

This petition for a writ of mandamus or prohibition challenges a district court order denying a motion to sever. Because petitioner may challenge the order denying his motion to sever on appeal if he is convicted, see NRS 177.015(3); NRS 177.045, we decline to exercise original jurisdiction in this matter. See NRS 34.170; Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 224, 88 P.3d 840, 841 (2004) ("[T]he right to appeal is generally an adequate legal remedy that precludes writ relief."); see also Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991) (recognizing that the issuance of a writ of mandamus is discretionary). Accordingly, we

ORDER the petition DENIED.

C.J.

Aft_stf:-„C LVE444.4) SUPREME COURT Stiglich Silver OF

- v39 NEVADA

(0) 1947A e cc: Hon. Michelle Leavitt, District Judge

James J. Ruggeroli

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk

SUPREME COURT

OF

NEVADA (0) 1947A e

Ii