FOWLER v. EIGHTH JUDICIAL DISTRICT COURT IN AND FOR COUNTY OF CLARK (2024)

ORDER DENYING PETITION

This is an original petition for a writ of mandamus that would direct the district court to amend a judgment of conviction and sentence petitioner to a term of probation.

This court has original jurisdiction to issue writs of mandamus, and the issuance of such extraordinary relief is solely within this court's discretion. See Nev. Const. art. 6, § 4; D.R. Horton, Inc. v. Eighth Jud. Dist. Ct., 123 Nev. 468, 474-75, 168 P.3d 731, 736-37 (2007). Petitioner bears the burden to show that extraordinary relief is warranted, and such relief is proper only when there is no plain, speedy, and adequate remedy at law. See Pan v. Eighth Jud. Dist. Ct., 120 Nev. 222, 224, 228, 88 P.3d 840, 841, 844 (2004). An appeal is generally an adequate remedy precluding writ relief. Id. at 224, 88 P.3d at 841.

Petitioner has not demonstrated that an appeal from a final judgment would not afford a plain, speedy, and adequate remedy, see NRS 34.170, or that the district court's order otherwise falls within any of the narrow grounds that may warrant writ relief. Accordingly, we

ORDER the petition DENIED.