Celanya (Breann) v. Warden

IN THE SUPREME COURT OF THE STATE OF NEVADA

BREANN CELAYA, No. 74113 Petitioner, vs. DWIGHT NEVEN, WARDEN, FLORENCE MCCLURE WOMEN'S CORRECTIONAL CENTER; AND JAMES DZURENDA, DIRECTOR, NEVADA DEPARTMENT OF CORRECTIONS, Respondents.

ORDER DENYING PETITION This petition for a writ of mandamus seeks an order directing the Nevada Department of Corrections to allow petitioner Breann Celaya to apply for residential confinement pursuant to NRS 209.429 even though she is not eligible for the treatment program pursuant to NRS 209.427. Celaya argues that this court incorrectly decided in Winkle v. Foster, 127 Nev. 488, 269 P.3d 898 (2011), that placement in residential confinement could only occur when the offender was eligible for assignment to a treatment

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program. We decline to revisit our decision in Winkle and deny the petition for extraordinary relief.' See NRS 34.160. Accordingly, we ORDER the petition DENIED.

J. Hardesty

Parraguirre

Stiglich

cc: Las Vegas Defense Group Attorney General/Carson City

'Notwithstanding the legal argument, we further note that any issue regarding whether Celaya is actually eligible for assignment to residential confinement involves factual determinations that should be made in the district court in the first instance. See Round Hill Gen, Improvement Dist. v. Newman, 97 Nev. 601, 604, 637 P.2d 534, 536 (1981).

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