IN THE SUPREME COURT OF THE STATE OF NEVADA

MITCHELL JOHN EASTERDAY, No. 82436 Petitioner, vs. THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, FILED IN AND FOR THE COUNTY OF WASHOE; AND THE HONORABLE JUL 1 5 2021 DAWD A. HARDY, DISTRICT JUDGE, EZEVI À. EIR01.134 'F'REME COURT__ Respondents, DEPUTY CLERK and THE STATE OF NEVADA, Real Party in Interest.

ORDER GRANTING PETITION This original petition seeks a writ of mandamus directing the district court to set aside petitioner's conviction.

Petitioner Mitchell John Easterday pleaded guilty to one count of attempted battery. The district court accepted the plea, entered a judgment of conviction, and sentenced Easterday, but deferred the sentence and placed him on probation on the condition that he would complete a mental health court program. After Easterday successfully completed the program and was discharged from probation, he moved to set aside his judgment of conviction pursuant to NRS 176A.260. The district court denied the motion.

Easterday has now filed a petition for a writ of mandamus, arguing that certain amendments to NRS 176A.260 make clear that it retroactively brings him within the ameliorative provisions of the statute.

The State concedes that the district court should not have denied

SUPREME COURT OF NEVADA

( t )) 194 7A 44:VP - z c) Easterday's motion and that he is therefore entitled to the relief requested in his petition. Given the State's concession, we ORDER the petition GRANTED AND DIRECT THE CLERK OF THIS COURT TO ISSUE A WRIT OF MANDAMUS instructing the district court to vacate its order denying petitioner's rnotion to set aside his judgment of conviction and enter an order granting the request.

-164-A et.4*, , C .J.

Hardesty

LibmA Parraguirre rr."1"' Cadish .(111/04 * .0 J.

cc: Hon. David A. Hardy, District Judge Washoe County Public Defender Attorney General/Carson City Washoe County District Attorney Washoe District Court Clerk