Opinion
No. 83084-COA
10-21-2021
Giovanni Kohler KURTZE, Appellant, v. The STATE of Nevada, Respondent.
Giovanni Kohler Kurtze Attorney General/Carson City Clark County District Attorney
Giovanni Kohler Kurtze
Attorney General/Carson City
Clark County District Attorney
ORDER OF REVERSAL AND REMAND
The district court denied Kurtze's petitions solely on the grounds that they did not comply with the format outlined in NRS 34.735. The district court should have afforded Kurtze a reasonable opportunity to cure the defects before it denied his petitions. See Miles v. State, 120 Nev. 383, 387, 91 P.3d 588, 590 (2004) ; cf. Harris v. State , 130 Nev. 435, 448-49, 329 P.3d 619, 628 (2014) (holding district court should allow a defendant time to cure any defects "within a reasonable time period selected by the district court"). We therefore reverse the district court's order denying Kurtze's petitions and remand this matter for the district court to provide Kurtze with an opportunity to cure the defects. Accordingly, we
ORDER the judgment of the district court REVERSED AND REMAND this matter to the district court for proceedings consistent with this order.