Opinion
No. 71247
05-16-2017
WILLIE CLIFTON CARTER, Appellant, v. ISIDRO BACA, WARDEN, Respondent.
ORDER OF AFFIRMANCE
Willie Clifton Carter appeals from a district court order granting the State's motion to dismiss his June 24, 2016, postconviction petition for a writ of habeas corpus. First Judicial District Court, Carson City; James Todd Russell, Judge.
This appeal has been submitted for decision without oral argument. NRAP 34(f)(3). --------
In his petition, Carter claimed NRS 209.4465 required application of his statutory good time credits to his minimum term of imprisonment. The district court dismissed the petition after finding the application of Carter's good time credits was governed by NRS 209.446 and not by NRS 209.4465.
Carter claims the district court erred by using the date he committed his crime, instead of the date he was sentenced, to determine which statute governs his statutory credit allowance. The plain language of NRS 209.443(1), NRS 209.446(1), and NRS 209.4465(1) demonstrates the applicability of a statute governing credits for good time is based on the date the offender committed his crime. Carter committed his crime on June 8, 1997. Because NRS 209.446(1) applies to offenders who committed their crimes "on or after July 1, 1985, but before July 17, 1997," we conclude the district court correctly determined that Carter's statutory credit allowance was governed by NRS 209.446, and we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. James Todd Russell, District Judge
Willie Clifton Carter
Attorney General/Carson City
Carson City Clerk