ALLEN v. STATE (2019)

ORDER OF AFFIRMANCE

This is a pro se appeal from a district court order denying a postconviction petition requesting genetic marker analysis pursuant to NRS 176.0918.¹ Eighth Judicial District Court, Clark County; Jennifer P. Togliatti, Judge.

Appellant did not demonstrate that he met the requirements for genetic marker analysis. See NRS 176.0918(3). He did not identify specific evidence that could be tested or articulate a reasonable possibility he would not have been prosecuted or convicted had a genetic marker analysis been done. NRS 176.0918(3)(a), (b). Accordingly, we conclude the district court did not err in denying the petition, see NRS 176.0918(4)(a), and we

ORDER the judgment of the district court AFFIRMED.²

FOOTNOTES

1.   Having considered the pro se brief filed by appellant, we conclude that a response is unnecessary. NRAP 46A(c). This appeal therefore has been submitted for decision based on the pro se brief and the record. See NRAP 34(f)(3).

2.   Appellant's motion for reconsideration is premature. See NRAP 40(a)(1); NRAP 40A(b).