From Casetext: Smarter Legal Research

Breakman v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Sep 26, 2018
No. 74400 (Nev. App. Sep. 26, 2018)

Opinion

No. 74400

09-26-2018

ANTONIO MICHAEL BREAKMAN, Appellant, v. THE STATE OF NEVADA, Respondent.


ORDER OF AFFIRMANCE

Antonio Michael Breakman appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Linda Marie Bell, Chief Judge.

This appeal has been submitted for decision without oral argument. NRAP 34(f)(3). --------

In his April 12, 2017, petition, Breakman claimed the Nevada Department of Corrections improperly declined to apply statutory credits toward his minimum terms. The district court denied the petition as moot because the record demonstrated Breakman already had received a parole hearing. The record before this court demonstrates Breakman expired his sentence for his primary offense in 2012, and had a parole hearing for his sentence for the deadly weapon enhancement in 2015. As a parole hearing would be the only relief available and no statutory authority or caselaw permits a retroactive grant of parole, see Niergarth v. Warden, 105 Nev. 26, 29, 768 P.2d 882, 884 (1989), Breakman's claim is moot. See Johnson v. Dir., Nev. Dep't of Prisons, 105 Nev. 314, 316, 774 P.2d 1047, 1049 (1989). Therefore, we conclude the district court did not err in denying the petition, and we

ORDER the judgment of the district court AFFIRMED.

/s/_________, C.J.

Silver

/s/_________, J.

Tao

/s/_________, J.

Gibbons cc: Hon. Linda Marie Bell, Chief Judge

Antonio Michael Breakman

Attorney General/Carson City

Attorney General/Las Vegas

Clark County District Attorney

Eighth District Court Clerk


Summaries of

Breakman v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Sep 26, 2018
No. 74400 (Nev. App. Sep. 26, 2018)
Case details for

Breakman v. State

Case Details

Full title:ANTONIO MICHAEL BREAKMAN, Appellant, v. THE STATE OF NEVADA, Respondent.

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Sep 26, 2018

Citations

No. 74400 (Nev. App. Sep. 26, 2018)