Opinion
No. 68952
10-13-2015
CANDIDO ALAVARO MEZA-VALLE, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE MICHELLE LEAVITT, DISTRICT JUDGE, Respondents, and THE STATE OF NEVADA, Real Party in Interest.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER DENYING PETITION
This is an original petition for a writ of prohibition or mandamus challenging a district court order denying a motion to dismiss the underlying criminal case based on petitioner's argument that he has been denied his right to a speedy trial under the Sixth Amendment. Having reviewed the petition and the accompanying documentation, we conclude that this court's intervention by way of extraordinary writ is not warranted because petitioner has a plain, speedy, and adequate remedy at law by way of an appeal from any judgment of conviction. See NRS 34.170; NRS 34.330, Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 224, 88 P.3d 840, 841 (2004). Accordingly, we
Petitioner admits that he waived the provisions of NRS 178.556 regarding trial being held within 60 days after arraignment.
We also deny as moot petitioner's motion to stay the proceedings below while this court considers the petition. --------
/s/_________, J.
Saitta
/s/_________, J.
Gibbons
/s/_________, J.
Pickering
cc: Hon. Michelle Leavitt, District Judge
Clark County Public Defender
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk