GEROLD ESPARZA CENTENO v. THE STATE OF NEVADA (2024)

ORDER DENYING PETITION FOR WRIT OF MANDAMUS

This is an original pro se petition for a writ of mandamus seeking to compel former counsel to provide petitioner with his case file.

Petitioner entered an Alford plea in 2020 to attempted sexual assault of a minor under 14 years of age and attempted lewdness with a child under the age of 14 and was sentenced to serve consecutive prison terms totaling 12-30 years in the aggregate. In this petition, petitioner claims that his former counsel refuses to provide him with his case file. According to the district court minutes, the district court denied petitioner's motion to hold former counsel in contempt.

Having considered the petition and supporting document, we are not convinced that our extraordinary and discretionary intervention is warranted. Pan v. Eighth Jud. Dist. Ct., 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (observing that the party seeking writ relief bears the burden of showing that such relief is warranted); Smith v. Eighth Jud. Dist. Ct., 107 Nev. 674, 677, 818 P.2d 849, 851 (1991) (recognizing that writ relief is an extraordinary remedy and that this court has sole discretion in determining whether to entertain a writ petition). Thus, as petitioner has failed to demonstrate that our intervention by extraordinary writ is warranted, we decline to exercise our original jurisdiction in this matter. See NRAP 21(b). Accordingly, we

ORDER the petition DENIED.

Cadish, C.J.

Stiglich, J.

Herndon, J.