Opinion
No. 59600.
09-12-2012
Lavonna WALLACE, Appellant, v. The STATE of Nevada, Respondent.
Lavonna Wallace Attorney General/Carson City Clark County District Attorney
Lavonna Wallace
Attorney General/Carson City
Clark County District Attorney
ORDER OF AFFIRMANCE
This is a proper person appeal from an order dismissing a post-conviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Stefany Miley, Judge.
This appeal has been submitted for decision without oral argument, NRAP 34(f)(3), and we conclude that the record is sufficient for our review and briefing is unwarranted. See
In her petition filed on June 2, 2011, appellant challenged the validity of her judgment of conviction. We conclude that the district court did not err in dismissing the petition because appellant was not in custody in the case designated when she filed the petition. Jackson v. State, 115 Nev. 21, 23, 973 P.2d 241, 242 (1999) ; see also Nev. Const. art. 6, § 6 (1) (providing that the district courts may issue a writ of habeas corpus on petition by “any person who is held in actual custody in their respective districts, or who has suffered a criminal conviction in their respective districts and has not completed the sentence imposed pursuant to the judgment of conviction”). Accordingly, we
ORDER the judgment of the district court AFFIRMED.
Luckett v. Warden, 91 Nev. 681, 682, 541 P.2d 910, 911 (1975).