RAYMOND GASPER RAYMOND BENNIE GLASPER II v. THE STATE OF NEVADA BINU PALAL AND REUBART WARDEN (2024)

ORDER OF AFFIRMANCE

Raymond Gasper appeals from a district court order denying a postconviction petition for a writ of habeas corpus filed on October 13, 2023. Eighth Judicial District Court, Clark County; Jacqueline M. Bluth, Judge.

Gasper argues the district court erred by denying his petition to establish his factual innocence pursuant to NRS 34.900-.990 without first conducting an evidentiary hearing. Gasper did not file a petition to establish factual innocence pursuant to NRS 34.900-.990 in the district court. Rather, Gasper filed a petition for writ of habeas corpus (postconviction), and the petition alleged that Gasper received ineffective assistance of counsel and that his plea was involuntarily and unknowingly entered. Because the claim Gasper argues on appeal was not raised and considered below, we decline to consider it on appeal in the first instance. See McNelton v. State, 115 Nev. 396, 416, 990 P.2d 1263, 1276 (1999). Accordingly, we

ORDER the judgment of the'district court AFFIRMED.

Gibbons, C.J.

Bulla, J.

Westbrook, J.