BATTLE v. State of Nevada Department of Parole and Probation, Real Party in Interest. (2020)

ORDER DENYING PETITION

In this original petition for a writ of mandamus, Jack Joseph Battle, Jr., asks this court to correct or amend inaccuracies in his presentence investigation report (PSI). Alternatively, Battle asks this court to “vacate, suspend, or dismiss with prejudice, or reverse and remand for supplemental proceedings.” We have considered the petition, and we are not satisfied this court’s intervention by way of extraordinary writ is warranted at this time. 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.”). Specifically, we note that “any objections [to the PSI] must be resolved prior to sentencing, and, if not resolved in the defendant’s favor, the objections must be raised on direct appeal.” Stockmeier v. State, Bd. of Parole Comm'rs, 127 Nev. 243, 250, 255 P.3d 209, 214 (2011). Accordingly, without deciding upon the merits of any claims raised, we ORDER the petition DENIED.