Hooper (David) v. Warden

IN THE SUPREME COURT OF THE STATE OF NEVADA

DAVID OWENS HOOFER, No. 69107 Appellant, vs. RENEE BAKER, WARDEN, FILED Respondent. JUN 1 7 2016

ORDER OF AFFIRMANCE This is a pro se appeal from a district court order dismissing a postconviction petition for a writ of habeas corpus.' Seventh Judicial District Court, White Pine County; Steve L. Dobrescu, Judge. Appellant David Owens Hooper argues that the district court erred in dismissing his postconviction petition for a writ of habeas corpus. The district court dismissed the petition because this court had reversed Hooper's judgment of conviction, see Hooper v. State, Docket No. 63027 (NIarch 26, 2015), such that there was no conviction or sentence from which habeas relief could be granted. See NRS 34.720 (setting forth the scope of petitions for postconviction habeas relief). Having reviewed the

'Having considered the pro se brief filed by appellant, we conclude that a response is not necessary. NRAP 46A(c). This appeal therefore has been submitted for decision based on the pro se brief and the record. See NRAP 34(0(3).

SUPREME COURT OF NEVADA

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record, we agree that postconviction relief is not warranted. 2 Accordingly, we ORDER the judgment of the district court AFFIRMED. 3

J.

J.

CC: Hon. Steve L. Dobrescu, District Judge David Owens Hooper Attorney General/Carson City White Pine County District Attorney Attorney General/Ely White Pine County Clerk

Footnotes

[2] Even construing the petition as seeking pretrial relief, we note that relief would not be warranted because (1) a challenge asserting a lack of probable cause must be filed in a pretrial petition for a writ of habeas corpus within 21 days of the petitioner's first appearance in district court, see NRS 34.700(1)(a), and Hooper did not file the underlying petition until more than 2 years after his first appearance and (2) Hooper's double jeopardy claim lacks merit, as double jeopardy does not bar retrial when a defendant is retried following the reversal and remand of a prior conviction, see Collier v. State, 103 Nev. 563, 565, 747 P.2d 225, 226 (1987).

[3] We deny Hooper's request for publication. See NRAP 36(c). SUPREME COURT OF NEVADA 2 (0) 1947A mettr,