Garcia (Juan) v. State ( 2013 )

 34.726(1); Sullivan v. State, 120 Nev. 537, 541, 96 P.3d 761, 764 (2004).
Moreover, appellant's petition was successive because he had previously
filed a post-conviction petition for a writ of habeas corpus, and it
constituted an abuse of the writ as he raised claims new and different
from those raised in his previous petition. 3 See NRS 34.810(1)(b)(2); NRS
34.810(2). Appellant's petition was procedurally barred absent a
demonstration of good cause and actual prejudice. See NRS 34.726(1);
NRS 34.810(1)(b); NRS 34.810(3).
Appellant asserted that the petition should not be
procedurally barred because of his belief that the district court has not
filed a judgment of conviction. Appellant was mistaken. The original
judgment of conviction was filed on December 30, 2003, and the amended
judgment of conviction was filed on December 3, 2007. Therefore, the
district court properly denied the petition as procedurally barred.
Appellant also claimed that the Nevada Department of
Corrections improperly calculated his sentence due to confusion regarding
dismissed counts. This claim challenged the computation of time served
and cannot be raised in a post-conviction petition for a writ of habeas
corpus challenging the validity of the judgment of conviction. See NRS
34.738(3). However, the denial of this claim would be without prejudice,
allowing appellant to properly and separately file a post-conviction
petition for a writ of habeas corpus challenging the computation of time
3 Garcia v. State, Docket No. 56137 (Order of Affirmance, March 29,
2011).
SUPREME COURT
OF
NEVADA
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served in the county in which he is incarcerated. See NRS 34.724(1); NRS
34.730(3); NRS 34.738(1). Accordingly, we
ORDER the judgment of the district court AFFIRMED.
/
Hardesty
pc
Parraguirre
J.
erry
cc: Hon. Elizabeth Goff Gonzalez, District Judge
Juan Jacobo Garcia
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
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