Perez (Michael) v. Dist. Ct. (State) ( 2014 )

 entered into a plea agreement later that year and was sentenced to 5 to 15
years in prison. This court reversed his convictions on the grounds that
the district court's improper involvement in the plea negotiations was
inherently coercive under Cripps v. State, 122 Nev. 764, 137 P.3d 1187(2006). Perez v. State, Docket No. 60743 (Order of Reversal and Remand,
February 14, 2013). On February 7, 2014, Perez filed a motion to dismiss
the indictment. Thereafter, the district court denied the motion,
concluding that Perez's challenge should have been raised in a pretrial
petition for a writ of habeas corpus. Thereafter, Perez filed a motion for
reconsideration. The district court granted the motion for reconsideration
to consider Perez's motion to dismiss on the merits but nevertheless
denied the motion.
We conclude that extraordinary relief is not warranted in this
instance. Perez's challenge to the grand jury proceedings centers upon the
admissibility of certain evidence, but the core of his argument is that
insufficient evidence was presented to the grand jury to establish probable
cause. Challenges to the grand jury's probable cause determination are
appropriately raised in a pretrial petition for a writ of habeas corpus, see
NRS 34.700, rather than a motion to dismiss the indictment, see NRS
174.105. A pretrial habeas petition based on a lack of probable cause must
be filed within 21 days after an accused's first appearance in district court.
Perez's challenge to the grand jury proceedings was clearly untimely.
While the district court granted reconsideration of its decision after
correctly denying his motion, we conclude that Perez has failed to
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demonstrate that our intervention is warranted under the circumstances.
Accordingly, we deny the petition. See NRAP 21(b).
It is so ORDERED. 2
Poet, u,y J.
Pickering
Rsncy , J.
' I t**
cc: Hon. Carolyn Ellsworth, District Judge
Clark County Public Defender
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
2 We deny petitioner's motion for a stay of the district court
proceedings.
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