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SUTTON v. EIGHTH JUDICIAL DISTRICT COURT IN AND FOR COUNTY OF CLARK (2021)

Supreme Court of Nevada.2021-10-22No. No. 83586

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Opinion

ORDER DENYING PETITION FOR A WRIT OF CERTIORARI

This is an original pro se petition for a writ of certiorari challenging the district courts imposition of restitution in petitioners sentence for first-degree murder with use of a deadly weapon.

A writ of certiorari is available to correct a lower tribunals judicial action if the tribunal exceeded its jurisdiction and “there is no appeal, nor, in the judgment of the court, any plain, speedy and adequate remedy.” NRS 34.020(2); Dangberg Holdings Nev., LLC v. Douglas Cty., 115 Nev. 129, 137-38, 978 P.2d 311, 316 (1999) (internal quotations omitted). Petitioner bears the burden of demonstrating that extraordinary writ relief is warranted. Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004).

Petitioner has not provided any authority supporting his contention that the district court exceeded its jurisdiction when it imposed restitution as part of petitioners criminal sentence. Therefore, we conclude that petitioner has not demonstrated that our intervention by way of extraordinary writ relief is warranted, and we deny the petition. NRAP 21(b)(1); Pan, 120 Nev. at 228, 88 P.3d at 844.

It is so ORDERED.