IN THE SUPREME COURT OF THE STATE OF NEVADA

NATHAN THOMAS BURNAM, No. 79489 Petitioner, vs. THE FOURTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF ELKO; AND THE HONORABLE NANCY L.

FILED PORTER, DISTRICT JUDGE, OCT 01 2619 Respondents, EU:WE:MA. ROWN CLE F OUP ME COURT and • 0' THE STATE OF NEVADA, DEPUTY CLERK Real Party in Interest.

ORDER DENYING PETITION This petition for a writ of prohibition challenges a district court order granting the State's motion to amend the criminal information.

Becau.se petitioner may challenge the district court's order on appeal if he is con.victed, see NRS 177.015(3); NRS 177.045, we decline to exercise original jurisdiction in this matter. See NRS 34.330; 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

SUPREME COURT OF NEVADA (0) 1947A §lc, 849, 851 (1991) (recognizing that the issuance of a writ petition is discretionary). Accordingly, we ORDER the petition DENIED.1

Parr guirre c'ts`r's • J.

Cadish

cc: Hon. Nancy L. Porter, District Judge Elko County Public Defender Attorney General/Carson City Elko County District Attorney Elko County Clerk

1The motion for a stay of the trial is denied as moot.

SUPRBAE COURT OF NEVADA 2 (0) t 947A .401.