DEFOREST v. STATE STOREY COUNTY (2021)

ORDER OF AFFIRMANCE

In his July 16, 2020, petition, DeForest challenged his conviction of misdemeanor dog at large. The justice court ordered DeForest to pay a fine, fees, and restitution. However, the justice court did not sentence DeForest to serve a term in jail, prison, or another place of confinement. Because DeForest was not in custody when he filed his petition, a postconviction petition for a writ of habeas corpus was not an available remedy. See Nev. Const. art. 6, § 6(1) (setting forth a custody requirement for habeas corpus); NRS 34.724(1) (providing that a habeas petition is available to a person under a sentence of imprisonment or death); Coleman v. State, 130 Nev. 190, 193-94, 321 P.3d 863, 866 (2014) (“A sentence of imprisonment is one that requires a person to be placed in a prison or some other place of confinement.”); Trujillo v. State, 129 Nev. 706, 716, 310 P.3d 594, 600 (2013) (“For a person who is not in custody, Nevada's post-conviction habeas corpus scheme does not apply.”). Therefore, we conclude the district court did not err by denying DeForest's petition. Accordingly, we

ORDER the judgment of the district court AFFIRMED.