Guillen (Alberto) v. Dist. Ct. (State) ( 2016 )

IN THE SUPREME COURT OF THE STATE OF NEVADA
ALBERTO JULIO GUILLEN, No. 69970
Petitioner,
vs.
THE SECOND JUDICIAL DISTRICT
COURT OF THE STATE OF NEVADA,
IN AND FOR THE COUNTY OF
WASHOE; AND THE HONORABLE FILED
SCOTT N. FREEMAN, DISTRICT APR 1 4 2016
JUDGE,
TRACE K. LINDEMAN
Respondents, CLER.W SUPREME COURT
and BY
DEPUTY CLERK
THE STATE OF NEVADA,
Real Party in Interest.
ORDER DENYING PETITION
This original petition for a writ of certiorari challenges the
district court's order affirming petitioner Alberto Guillen's misdemeanor
convictions for assault, battery, and making a threatening telephone call.
Guillen contends that NRS 51.035 is unconstitutional insofar as it permits
a conviction solely on the basis of a victim's prior inconsistent statements
without other corroborating evidence.
A writ of certiorari is an extraordinary remedy, lying within
the discretion of this court. Zamarripa v. First Judicial Dist. Court, 103
Nev. 638, 640, 747 P.2d 1386, 1387 (1987). The writ may be granted to
review the constitutionality of a statute in appealing a decision of the
justice court where an appellant was prosecuted under that statute and
the district court has ruled on the constitutionality of that statute. NRS
34.020(3). Guillen, however, has not challenged the constitutionality of
the offense statutes under which he was prosecuted, but rather challenges
the constitutionality of the evidence admitted against him. See Glass v.
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Eighth Judicial Dist. Court, 87 Nev. 321, 324, 486 P.2d 1180, 1182(1971)
("Certiorari, although available to test the constitutionality of a statute, is
not available to decide a question of the admissibility of evidence."). As
this claim does not fall within the narrow scope of NRS 34.020, we decline
to exercise our discretion to issue a writ of certiorari.
Having considered Guillen's petition and concluded that
extraordinary relief is not warranted, we
ORDER the petition DENIED.
J.
Douglas
cc: Hon. Scott N. Freeman, District Judge
Washoe County Public Defender
Attorney General/Carson City
Washoe County District Attorney
Washoe District Court Clerk
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