Carbonneau v. Warden of the Nevada State Prison

OPINION

By the Court,

Springer, J.:

This is an appeal from a district court order denying post-conviction relief. NRS 177.315 authorizes relief from a conviction which is in violation of the United States Constitution or the constitution of this state. We find no constitutional violations and affirm the order below.

Following a plea of guilty Carbonneau was convicted on July 17, 1978 of the crime of attempted escape. Such conviction, he claims, is double jeopardy because he had already been punished by prison officials for the attempted escape. He did not raise the defense of double jeopardy at…