Gayler (Brandyn) v. State

 decision. 1 Thus, because appellant failed to designate an appealable
order, we lack jurisdiction over this appeal, and we
ORDER this appeal DISMISSED. 2
1Pig I
CATH
Pickenng
ea.
too
Parraguirre
J.
Saitta
'The order entered by the court had the effect of taking the second
petition off calendar pending the resolution of his appeal in Gayler v.
State, Docket No. 64980. Upon resolution of the appeal in Docket No.
64980, appellant may file a motion to place the petition back on the court's
calendar. The appeal pending in Gayler v. State, Docket No. 65306 from
the denial of his motions to modify and correct sentence would not deprive
the district court from considering his second habeas corpus petition as
habeas corpus is a separate, collateral remedy attacking the validity of the
judgment of conviction and sentence. NRS 34.724(2)(a) (providing that a
habeas corpus petition is not a substitute for and does not motions
incident to the proceedings in the trial court); NRS 34.730(3) (providing
that the clerk of the district court shall file a habeas corpus petition as a
new action separate and distinct from any original proceeding in which a
conviction has been had); Groesbeck v. Warden, 100 Nev. 259, 260, 679
P.2d 1268, 1268-69 (1984) (recognizing that a post-conviction habeas
corpus petition is a petition seeking collateral review).
2We have received the documents submitted in this appeal, and in
light of the disposition of this appeal we deny the relief requested.
SUPREME COURT
OF
NEVADA
2
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cc: Hon. Jerome T. Tao, District Judge
Brandyn William Gayler
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
SUPREME COURT
OF
NEVADA
3
(0) 1947A