ERRICO v. The State of Nevada, Real Party in Interest. (2019)

ORDER DENYING PETITION

This petition for a writ of mandamus or prohibition challenges district court orders denying motions to dismiss an indictment based on the statute of limitations and insufficient notice. We are not satisfied that this court's intervention by way of an extraordinary writ is warranted. See NRS 34.160; NRS 34.320; Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991) (recognizing that the issuance of a writ of mandamus is discretionary). Further, petitioner's arguments for a change in law regarding whether the statute of limitations is jurisdictional or an affirmative defense may be raised on appeal if he is convicted. See NRS 34.170; NRS 34.330; NRS 177.015(3); NRS 177.045; Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 224, 88 P.3d 840, 841 (2004) (“[T]he right to appeal is generally an adequate legal remedy that precludes writ relief.”) Accordingly, we

ORDER the petition DENIED.