Despite our conclusion, we are concerned that the district
court sentenced Holliday to a term of incarceration after previously
entering an order dismissing her case and setting aside the conviction. We
question the propriety of the district court's subsequent vacating of that
order discharging her from probation and dismissing the case after it was
brought to the court's attention. We point out that Holliday's amended
judgment of conviction was filed in the district court on August 14, 2012.
Therefore, although we express no opinion regarding the merits of such an
action, we note that she has one year from that date to file a timely habeas
petition in the district court challenging the constitutionality of her
conviction and sentence. See NRS 34.724(1) & (2)(b); NRS 34.726(1);
Edwards v. State, 112 Nev. 704, 708, 918 P.2d 321, 324 (1996) ("Issues
concerning the validity of a conviction or sentence . . . must be raised in
habeas proceedings.").
Having concluded that Holliday failed to establish this court's
jurisdiction, we
ORDER this app ged rmsyissED.
Gibbons
J.
Douglas
cc: Hon. Jerome T. Tao, District Judge
Clark County Public Defender
Cassandra June Holliday
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
SUPREME COURT
OF
NEVADA
(0) 1947A
2