Opinion
No. 74959
05-16-2018
IRVIN EUGENE MCQUEEN, Petitioner, v. THE FIFTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF NYE; AND THE HONORABLE KIMBERLY A. WANKER, DISTRICT JUDGE, Respondents.
ORDER DENYING PETITION
In this original petition for a writ of prohibition and/or mandamus, Irvin Eugene McQueen challenges the restitution imposed and the presentence credit granted in his judgment of conviction. We conclude our intervention by way of extraordinary relief is not warranted because McQueen has a plain, speedy, and adequate remedy for raising these claims. See NRS 34.160; NRS 34.170; NRS 34.320; NRS 34.330. Claims challenging the restitution imposed and presentence credit are challenges to the validity of the judgment of conviction and sentence that must be raised on direct appeal or in a postconviction petition for a writ of habeas corpus filed in compliance with the provisions of NRS chapter 34. See Griffin v. State, 122 Nev. 737, 744, 137 P.3d 1165, 1169 (2006). Therefore, without reaching the merit of the claims raised, we
We express no opinion as to whether McQueen could meet the procedural requirements for filing a direct appeal, see NRAP 4(b), or for filing a postconviction petition, see NRS chapter 34. --------
ORDER the petition DENIED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Kimberly A. Wanker, District Judge
Irvin Eugene McQueen
Attorney General/Carson City
Nye County Clerk