WILLIAM AUSTIN STEWART v. AITOR NARVAIZA ELKO COUNTY SHERIFF AND THE STATE OF NEVADA (2025)

ORDER DISMISSING APPEAL

This is an appeal from a district court order dismissing a postconviction petition for a writ of habeas corpus filed on September 10, 2024. Fourth Judicial District Court, Elko County; Mason E. Simons, Judge.

In the petition, Stewart claimed that the justice court erred in finding him in contempt and imposing a suspended sentence. The justice court ultimately ordered Stewart to serve the 100-day sentence and the sentence has since expired. As a result, any claims that challenge the sentence are moot. See Martinez-Hernandez v. State, 132 Nev. 623, 627 & n.1, 380 P.3d 861, 864 & n.1 (2016) (“[W]e note that completion of a defendant's sentence may still render a challenge to the sentence itself moot.”). Because Stewart's claims based on the imposition of the suspended sentence he has already served are moot and he does not assert any claims related to the underlying judgment or sentence, we

ORDER this appeal DISMISSED.

Bulla, C.J.

Gibbons, J.

Westbrook, J.