Hermenson (James) v. Dist. Ct. (State)

IN THE SUPREME COURT OF THE STATE OF NEVADA

JAMES EUGENE HERMANSON, No. 78500 Petitioner. vs.

THE THIRD JUDICIAL DISTRICT

COURT OF THE STATE OF NEVADA,

FILED IN AND FOR THE COUNTY OF LYON,

APR 1 8 2019 Respondent,

ELIZABETH A. FROWN and CLERK OF SUPREME COURT THE STATE OF NEVADA, DEPUTY CLERK Real Party in Interest.

ORDER DENYING PETITION FOR WRIT OF MANDAMUS This pro se original petition for a writ of mandamus challenges the district court's failure to vacate petitioner's sentence upon determining that a pre-sentence investigation report should have been prepared prior to sentencing. Having considered the petition, we are not persuaded that our extraordinary and discretionary intervention is warranted. Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991). In particular, we decline to intervene because petitioner failed to submit an appendix for our review with copies of the relevant district court orders and records. See NRS 34.160; NRAP 21(a)(4). Accordingly, without deciding upon the merit of any claims raised, we ORDER the petition DENIED.

Pin C Gibbotts

SUPREME COURT

OF

NEVADA (0) 1947A i9-1/13o cc: James Eugene Hermanson

Attorney General/Carson City

Lyon County District Attorney

Third District Court Clerk

SUPREME COURT

OF

NEVADA e 2

10) 1947A