McCormick (Thomas) v. Dist. Ct. (State) ( 2013 )

 603-04, 637 P.2d 534, 536 (1981). 1 A petition for extraordinary relief is
addressed to the sound discretion of the court. State ex rel. Dep't Transp.
v. Thompson, 99 Nev. 358, 360, 662 P.2d 1338, 1339 (1983). A writ of
mandamus will not issue, however, if petitioner has a plain, speedy and
adequate remedy in the ordinary course of law. NRS 34.170. In this
instance, petitioner has other adequate legal remedies to seek relief.
Namely, he could have challenged the district court's sentencing decision
on appeal from the judgment of conviction, as the allegations of error
raised here were known at the time of sentencing; he could have appealed
the district court's denial of his motion to correct an illegal sentence; and
he may pursue post-conviction habeas relief. 2 Accordingly, we deny the
petition. See NRAP 21(b).
It is so ORDERED.
Gibbons
J.
Douglas
1 In
the alternative, petitioner seeks a writ of prohibition. Because
the district court had jurisdiction to consider petitioner's motion to correct
an illegal sentence and he did not challenge the district court's jurisdiction
to proceed, prohibition is not an appropriate avenue for relief. See NRS
34.320.
2 We
express no opinion as to whether petitioner can overcome any
applicable procedural bars in pursuing post-conviction habeas relief. See,
e.g., NRS 34.726(1).
SUPREME COURT
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cc: Hon. Kimberly A. Wanker, District Judge
Pitaro & Fumo, Chtd.
Nye County District Attorney
Attorney General/Carson City
Nye County Clerk
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