Opinion
No. 77923-COA
11-19-2019
DONAVIN FORD, A/K/A DONAVIN BURNETT BRADFORD, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Donavin Ford appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus filed on January 19, 2018. Eighth Judicial District Court, Clark County; Linda Marie Bell, Chief Judge.
Ford claimed he is entitled to the application of statutory credits to his minimum sentences pursuant to NRS 209.4465(7)(b). The district court found Ford's sentences were the result of convictions for category B felonies committed in 2013, after the effective date of NRS 209.4465(8)(d). These findings are supported by the record. Because Ford was convicted of category B felonies, see NRS 193.165(3); NRS 200.380(2); NRS 205.060(4), committed after the effective date of NRS 209.4465(8)(d), he was precluded from the application of credits to his minimum sentences. We therefore conclude the district court did not err by denying this claim.
Ford also claimed the application of NRS 209.4465(8) violates the Ex Post Facto Clause. Ford's claim lacked merit. A requirement for an Ex Post Facto Clause violation is that the statute applies to events occurring before it was enacted. Weaver v. Graham, 450 U.S. 24, 29 (1981). Because NRS 209.4465(8) was enacted before Ford committed his crimes, its application does not violate the Ex Post Facto Clause. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Bulla cc: Hon. Linda Marie Bell, Chief Judge
Donavin Ford
Attorney General/Las Vegas
Eighth District Court Clerk