Opinion
No. 73807
06-13-2018
MICHAEL DEAN ADKISSON, Appellant, v. BRIAN WILLIAMS, WARDEN, Respondent.
ORDER OF AFFIRMANCE
Michael Dean Adkisson appeals from a district court order denying a postconviction petition for a writ of habeas filed on August 23, 2016. Eighth Judicial District Court, Clark County; Linda Marie Bell, Judge.
This appeal has been submitted for decision without oral argument. NRAP 34(f)(3).
Adkisson claims the credits he has earned pursuant to NRS 209.4465 must be applied to his parole eligibility as provided in NRS 209.4465(7)(b) (1997). The Nevada Supreme Court recently held in Williams v. State Department of Corrections, 133 Nev. ___, ___, 402 P.3d 1260, 1262 (2017), that credits earned under NRS 209.4465 apply to parole eligibility as provided in NRS 209.4465(7)(b) (1997) where the offender was sentenced pursuant to a statute that requires a minimum term of not less than a set number of years but does not expressly mention parole eligibility.
Adkisson was convicted of second-degree murder with the use of a deadly weapon for conduct that occurred in February 2004. He was sentenced to a prison term of life with a minimum parole eligibility of ten years for the murder convictions and an equal and consecutive prison term of life with a minimum parole eligibility of ten years for the deadly weapon enhancement. He has discharged the sentence for his murder conviction and is now serving the sentence for the deadly weapon enhancement.
To the extent Adkisson claims he is entitled to credit for the time he served between parole hearings, we conclude he is not entitled to relief. See Niergarth v. Warden, 105 Nev. 26, 28-29, 768 P.2d 882, 883-84 (1989) (holding no statutory authority or case law permits retroactive grant of parole). --------
The sentencing statutes expressly required Adkisson to serve the minimum term before he is eligible for parole. See NRS 193.165 (1995) (providing that sentence for weapon enhancement must be equal and consecutive to sentence imposed for primary offense); NRS 200.030(5) (providing that person convicted of second-degree murder shall be punished by imprisonment for "life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served" or "a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served"). Therefore, pursuant to the exception set forth in NRS 209.4465(7)(b) (1997), the credits Adkisson earns under NRS 209.4465 cannot be applied to his parole eligibility on the weapon enhancement sentence that he is serving. See Williams, 133 Nev. at ___, 402 P.3d at 1262.
Although the analysis in the district court's order conflicts with Williams, we nonetheless affirm the order because the district court reached the correct result in denying the petition. See Wyatt v. State, 86 Nev. 294, 298, 468 P.2d 338, 341 (1970) (stating that an order that reached the correct result will not be reversed simply because it is based on the wrong reason). Accordingly, we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Linda Marie Bell, District Judge
Michael Dean Adkisson
Attorney General/Carson City
Attorney General/Las Vegas
Eighth District Court Clerk