JONES v. The State of Nevada; and William Hutchings, Warden, Real Parties in Interest. (2020)

ORDER DENYING PETITION FOR A WRIT OF MANDAMUS OR PROHIBITION

This original pro se petition for a writ of mandamus or prohibition appears to challenge petitioner's sentence for use of a deadly weapon, which he contends violates double jeopardy. Petitioner also argues that his sentence structure is illegal.

A challenge to a judgment of conviction must be raised in a postconviction petition for a writ of habeas corpus filed in the district court in the first instance. See NRS 34.724; NRS 34.738; NRAP 22.

Therefore, without deciding the merits of the claims raised herein, we determine that our intervention is not warranted, see NRAP 21(b); Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (“Petitioner[ ] carr[ies] the burden of demonstrating that extraordinary relief is warranted.”). Accordingly, we

ORDER the petition DENIED.