Opinion
No. 75788
12-17-2021
William Emery FODOR, Appellant, v. Jo GENTRY, Warden; James Dzurenda, Director, NDOC; and the State of Nevada, Respondents.
William Emery Fodor Attorney General/Carson City
William Emery Fodor
Attorney General/Carson City
ORDER OF AFFIRMANCE
Appellant William Emery Fodor challenged the computation of time served on his judgment of conviction, arguing that the credits he earned under NRS 209.4465 should be applied to the minimum term of his sentence as provided in NRS 209.4465(7). Because a parole hearing would be the only relief available if the Department of Corrections had not properly applied credits to Fodor's minimum term and it appeared that Fodor may have been paroled while this appeal was pending, this court ordered a response from the State as to his custody status. The State responded and provided documentation showing that Fodor has been paroled from his final sentence. We therefore cannot grant Fodor any further relief on his computation claim. Williams v. State, Dep't of Corrs. , 133 Nev. 594, 600 n.7, 402 P.3d 1260, 1265 n.7 (2017) ("Because the application of credits under NRS 209.4465(7)(b) only serves to make an offender eligible for parole earlier, no relief can be afforded where the offender has already expired his sentence or appeared before the parole board on the sentence." (citation omitted)). Accordingly, we
ORDER the judgment of the district court AFFIRMED.
The Honorable Mark Gibbons, Senior Justice, participated in the decision of this matter under a general order of assignment.
--------