Opinion
No. 74484-COA
03-14-2019
ABDUL HOWARD, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Abdul Howard appeals from a district court order denying a postconviction petition a writ of habeas corpus filed on September 21, 2015. Eighth Judicial District Court, Clark County; Douglas Smith, Judge.
This appeal has been submitted for decision without oral argument. NRAP 34(f)(3).
Our review of the record on appeal reveals that Howard was convicted of coercion on August 11, 2003, he was sentenced to a prison term of 12 to 48 months, and he expired his sentence for this conviction before filing the instant petition. "[A] post-conviction petition for a writ of habeas corpus cannot be filed by a petitioner who is no longer under a sentence of death or imprisonment for the conviction at issue." Coleman v. State, 130 Nev. 190, 193, 321 P.3d 863, 865 (2014). Consequently, we conclude the district court did not err by denying Howard's postconviction habeas petition, and we
ORDER the judgment of the district court AFFIRMED.
We note that Howard's previous postconviction, habeas petitions challenging the judgment of conviction in the underlying case were also rejected because he was no longer in custody for this case. See Howard v. State, Docket No. 63599 (Order of Affirmance, January 15, 2014); Howard v. State, Docket No. 59480 (Order of Affirmance, May 9, 2012). --------
/s/_________, J.
Tao
/s/_________, J.
Gibbons
/s/_________, J.
Bulla cc: Hon. Douglas Smith, District Judge
Abdul Howard
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk