Flores (Ryan) v. State

 A claim for additional presentence credit should be raised on
direct appeal or in a postconviction petition for a writ of habeas corpus in
compliance with the procedural requirements set forth in NRS chapter 34,
see Griffin v. State, 122 Nev. 737, 744, 137 P.3d 1165, 1169 (2006), and
thus appellant's motion should have been construed as a postconviction
petition for a writ of habeas corpus. Thus, appellant improperly sought
relief in a motion and the district court improperly considered the motion
without construing it as a petition for a writ of habeas corpus and
requiring appellant to comply with applicable procedural requirements,
see, e.g., NRS 34.730 (requiring that the petition be verified); NRS 34.735
(outlining the form and specificity of facts for the petition). Therefore, we
reverse the decision of the district court and remand with instructions to
construe the motion as a postconviction petition for a writ of habeas
corpus. 2 Accordingly, we
2 The district court should also consider when appellant expired his
parole in determining whether he was entitled to any credits in the case.
See NRS 176.055(2) ("A defendant who is convicted of a subsequent offense
which was committed while [he] was . . . on probation or parole from a
Nevada conviction is not eligible for any credit on the sentence for the
subsequent offense for the time he has spent in confinement which is
within the period of the prior sentence." (emphasis added)).
SUPREME COURT
OF
NEVADA
2
ORDER the judgment of the district court REVERSED AND
REMAND this matter to the district court for proceedings consistent with
this order. 3
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Parraguirre
, J. akSZAL
Douglas 19.7 Cherry
cc: Hon. Carolyn Ellsworth, District Judge
Ryan Isidro Flores
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
3 We have considered all documents that appellant has submitted in
pro se to the clerk of this court in this matter, and we conclude that
appellant is only entitled to the relief set forth in this order.
SUPREME COURT
OF
NEVADA
3
(0) 1947A