ANGELITO SALAZAR v. THE STATE OF NEVADA (2025)

ORDER DENYING PETITION

This pro se original petition seeks a writ of mandamus to vacate a judgment of conviction. Despite petitioner's representation to the contrary, the petition challenges a judgment of conviction and sentence. Those challenges must be presented to the district court in the first instance in a postconviction petition for a writ of habeas corpus. See NRS 34.724(2)(b); NRS 34.738; NRAP 22. We decline to consider the issues raised in the petition for writ of mandamus, see NRS 34.170; NRS 34.330; Pan v. Eighth Jud. Dist. Ct., 120 Nev. 222, 224, 228, 88 P.3d 840, 841, 844 (2004); Round Hill Gen. Improvement Dist. v. Newman, 97 Nev. 601, 63 7 P.2d 534 (1981) (recognizing that “an appellate court is not an appropriate forum in which to resolve disputed questions of fact”); State v. Cnty. of Douglas, 90 Nev. 272, 276-77, 524 P.2d 1271, 1274 (1974) (noting that “this court prefers that such an application [for writ relief] be addressed to the discretion of the appropriate district court” in the first instance), abrogated on other grounds by Cortez Masto v. Gypsum Res., 129 Nev. 23, 33-34, 294 P.3d404, 410-11 (2013).

Accordingly, we

ORDER the petition DENIED.

Herndon, C.J.

Parraguirre, J.

Stiglich, J.