IN THE SUPREME COURT OF THE STATE OF NEVADA

GENE ANTHONY ALLEN, No. 77046 Appellant, vs. THE STATE OF NEVADA, , Respondent.

MAY — 2 019 CLatfera BY OEM5. C:Rk

ORDER OF AFFIRMANCE This is a pro se appeal from a district court order denying a postconviction petition requesting genetic marker analysis pursuant to NRS 176.0918. 1 Eighth Judicial District Court, Clark County; Jennifer P. Togliatti, Judge.

Appellant did not demonstrate that he met the requirements for genetic marker analysis. See NRS 176.0918(3). He did not identify specific evidence that could be tested or articulate a reasonable possibility he would not have been prosecuted or convicted had a genetic marker

'Having considered the pro se brief filed by appellant, we conclude that a response is unnecessary. NRAP 46A(c). This appeal therefore has been submitted for decision based on the pro se brief and the record. See NRAP 34(0(3).

SUPREME COURT OF NEVADA 41- 2,1337 I947A analysis been done. NRS 176.0918(3)(a), (b). Accordingly, we conclude the district court did not err in denying the petition, see NRS 176.0918(4)(a), and we ORDER the judgment of the district court AFFIRMED. 2

C.J.

J.

Stiglich

J.

Silver

cc: Chief Judge, The Eighth Judicial District Court Eighth Judicial District Court, Dept. 9 Gene Anthony Allen Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

2 Appellant's motion for reconsideration is premature. See NRAP 40(a)(1); NRAP 40A(b).

SUPREME COURT OF NEVADA al) 1947A e