Opinion
No. 80779-COA
09-23-2020
MELVIN BLANKS, Appellant, v. JERRY HOWELL, WARDEN, Respondent.
ORDER OF AFFIRMANCE
Melvin Blanks appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus filed on September 27, 2019. Eighth Judicial District Court, Clark County; Joseph Hardy, Jr., Judge.
Blanks contends the district court erred by denying his claim that he was entitled to the application of credits to his minimum sentence for his conviction for carrying a concealed weapon. Blanks was sentenced to 24 to 60 months in prison for this crime. He was also sentenced to a concurrent term of 28 to 72 months for a conviction for possession of a firearm by a prohibited person. Of these sentences, the possession sentence controlled because it required the longer period before Blanks would be eligible for parole. See NRS 213.1213(1). And because the controlling sentence was for a category B felony, see NRS 202.360(1), Blanks was not entitled to the application of statutory credits to its minimum term, see NRS 209.4465(8)(d). Accordingly, we conclude the district court did not err in denying Blanks relief, and we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Bulla cc: Hon. Joseph Hardy, Jr., District Judge
Melvin Blanks
Attorney General/Carson City
Attorney General/Las Vegas
Eighth District Court Clerk