Opinion
No. 76340
10-12-2018
LARRY FRANCIS GEPSON, Petitioner, v. THE STATE OF NEVADA; AND JAMES DZURENDA, DIRECTOR, Respondents.
ORDER DENYING PETITION
This is an original petition for a writ of habeas corpus. Larry Francis Gepson raises several challenges to his judgment of conviction, and he seeks an order reversing and remanding his conviction and directing the Nevada Department of Corrections to unconditionally release him. Gepson also asserts there are errors in his presentence investigation report that need to be corrected, and he requests an order remanding this matter to the district court to correct those errors.
We have considered all documents filed in this matter, and we conclude Gepson has failed to demonstrate our intervention by way of extraordinary relief is warranted. See NRAP 22 ("An application for an original writ of habeas corpus should be made to the appropriate district court."); see also Stockmeier v. State, Bd. of Parole Comm'rs, 127 Nev. 243, 250-51 , 255 P.3d 209, 214 (2011) (explaining that an inmate waives any objection to errors in his or her presentence investigation report by failing to challenge the alleged errors on direct appeal from a conviction and sentence); Zobrist v. Sheriff, Carson City, 96 Nev. 625, 626, 614 P.2d 538, 539 (1980) (indicating this court has discretion to decide whether to entertain an original petition for a writ of habeas corpus and that such petitions raising questions of fact should be considered "by a tribunal equipped to handle that task"). Accordingly, without reaching the merit of any claims raise, we
We deny Gepson's requests for the appointment of counsel, to transmit the district court record, and to extend copy work limit. --------
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Larry Francis Gepson
Attorney General/Carson City