Opinion
No. 72612
10-11-2017
JAFET CHAVEZ, Appellant, v. BRIAN WILLIAMS, WARDEN, Respondent.
ORDER OF AFFIRMANCE
Jafet Chavez appeals from an order of the district court denying the postconviction petition for a writ of habeas corpus he filed on July 11, 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). --------
Chavez argues the district court erred by denying his claim the Nevada Department of Corrections (NDOC) improperly declined to apply his statutory credits toward his minimum term. The district court determined Chavez was not entitled to relief because Chavez is serving a prison term for robbery with the use of a deadly weapon and attempted murder with the use of a deadly weapon, both category B felonies, see NRS 193.330(1)(a)(1); NRS 200.030(4),(5); NRS 200.380(2), committed in September of 2007. Because he committed his offenses after the effective date of the amendments to NRS 209.4465, the district court found the NDOC may only apply Chavez' statutory credits toward his maximum term pursuant to NRS 209.4465(8)(d). Given these circumstances, we conclude the district court did not err by denying this claim. 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
Jafet Chavez
Attorney General/Carson City
Attorney General/Las Vegas
Eighth District Court Clerk