BRENDAN JAMES NASBY v. THE STATE OF NEVADA (2023)

ORDER DENYING PETITION

In this original petition for a writ of mandamus, Brendan James Nasby challenges the district court's denial of a motion to correct a clerical error in a judgment of conviction. In his motion, Nasby claimed that the sentence reflected in his judgment of conviction was greater than that orally pronounced by the sentencing court. In his petition, he contends the district court abused its discretion when it failed to order his sentencing hearing be transcribed, provide Nasby with a copy of the transcripts, and then clarify and correct Nasby's judgment of conviction.

We have reviewed the documents submitted in this matter, and without deciding upon the merits of any claims raised therein, we decline to exercise our original jurisdiction. See NRS 34.160; NRS 34.170; NRAP 21(b)(1); Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (“Petitioner[ ] carr[ies] the burden of demonstrating that extraordinary relief is warranted.”). Accordingly, we

ORDER the petition DENIED.¹

Bulla, J.

Westbrook, J.

FOOTNOTES

1.   The Honorable Michael Gibbons, Chief Judge, did not participate in the decision in this matter.