ROGER CHINN v. THE STATE OF NEVADA (2024)

ORDER DENYING PETITION

This petition for a writ of mandamus challenges the district court's denial of a motion to dismiss counts in an information. Petitioner Roger Chinn contends that the district court manifestly abused its discretion by concluding that the State could join two separate criminal cases without first seeking the court's permission pursuant to NRS 174.155.

Having considered Chinn's argument and the supporting documents, we conclude that our extraordinary and discretionary intervention is not warranted. See NRS 34.160; NRS 34.170; Pan v. Eighth Jud. Dist. Ct., 120 Nev. 222, 228, 88 P.3d 840, 844 (2004); Smith v. Eighth Jud. Dist. Ct., 107 Nev. 674, 677, 818 P.2d. 849, 851 (1991). Chinn has a plain and adequate remedy at law. In particular, Chinn may seek to sever the charges, see NRS 174.165(1), and, if unsuccessful, may raise the issue on appeal from a judgment of conviction. Furthermore, the statute upon which Chinn relies—NRS 174.155—is inapplicable here where the State filed a single information. Thus, Chinn has failed to demonstrate that extraordinary relief is warranted, and we

ORDER the petition DENIED.

Herndon, J.

Lee, J.

Bell, J.