Opinion
No. 81226-COA
12-21-2020
ERICK MARQUIS BROWN, Appellant, v. JERRY HOWELL, WARDEN; OFFENDER MANAGEMENT DIVISION; AND THE STATE OF NEVADA, Respondents.
ORDER OF AFFIRMANCE
Erick Marquis Brown appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus filed on February 3, 2020. Eighth Judicial District Court, Clark County; Joseph Hardy, Jr., Judge.
In his petition, Brown raised several claims regarding the application of credits toward his minimum sentence. Brown previously raised the exact same claims in a petition filed on October 7, 2019. See Brown v. Warden, Docket No. 80592-COA (Order of Affirmance, December 11, 2020). Because Brown's previous petition was denied on the merits, Brown's February 3, 2020, petition was successive and procedurally barred absent a demonstration of good cause and actual prejudice. See NRS 34.810(2), (3). Brown failed to allege any good cause for raising his claims again. Therefore, we conclude Brown's petition was procedurally barred, and we
ORDER the judgment of the district court AFFIRMED.
The district court erred by denying the petition on the merits. See State v. Eighth Judicial Dist. Court (Riker), 121 Nev. 225, 231, 112 P.3d 1070, 1074 (2005) (holding the application of procedural bars is mandatory). Nevertheless, because the district court reached the correct result, we affirm. See Wyatt v. State, 86 Nev. 294, 298, 468 P.2d 338, 341 (1970).
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Bulla cc: Hon. Joseph Hardy, Jr., District Judge
Erick Marquis Brown
Attorney General/Carson City
Attorney General/Las Vegas
Eighth District Court Clerk