IN THE SUPREME COURT OF THE STATE OF NEVADA

DOUGLAS JOSEPH HERICH, No. 79731 Petitioner, vs. THE FIFTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF NYE, FILED Respondent, and OLT 2 8 2.719 THE STATE OF NEVADA; AND NYE BROWN C. PREME CCURT COUNTY SHERIFF'S OFFICE, BY DEPUTY CLERK SHARON WEHRLY, Real Parties in Interest.

ORDER DENYING PETITION FOR A WRIT OF HABEAS CORPUS

This is an original pro se postconviction petition for a writ of habeas corpus in which petitioner alleges ineffective assistance of trial counsel and makes arguments relating to the merits of his criminal conviction.

A challenge to 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. See NRS 34.724; NRS 34.738; NRAP 22.

Therefore, without deciding the merits of the claims raised herein, we determine that our intervention is not warranted, see NRAP 21(b); Pan

SUPREME COURT OF NEVADA

(01 1947A v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) ("Petitioned ] cardies] the burden of demonstrating that extraordinary relief is warranted."). Accordingly, we ORDER the petition DENIED.

C.J.

Aek-g4 , J. 0 .A Pickering Hardesty

cc: Douglas Joseph Herich Attorney General/Carson City Nye County District Attorney Nye County Clerk

SUPREME COURT OF NEVADA

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