Opinion
No. 72420
11-15-2017
LEE GASTON-SAWYER, Appellant, v. BRIAN WILLIAMS, WARDEN, Respondent.
ORDER OF AFFIRMANCE
Lee Gaston-Sawyer appeals from a district court order denying the postconviction petition for a writ of habeas corpus he filed on July 8, 2016. Eighth Judicial District Court, Clark County; Linda Marie Bell, Judge.
This appeal has been submitted for decision without oral argument and we conclude the record is sufficient for our review and briefing is unwarranted. NRAP 34(f)(3), (g). --------
In his petition, Gaston-Sawyer claimed the Nevada Department of Corrections was not applying the statutory credits he had earned to his minimum sentence as required by NRS 209.4465(7)(b). The district court found Gaston-Sawyer was not entitled to good-time credit deductions from his parole eligibility date because he was serving sentences based on category B felonies for criminal conduct he committed in 2015.
We conclude the district court correctly determined Gaston-Sawyer was not entitled to have credits deducted from his minimum sentences because he committed his crimes after NRS 209.4465 was amended in 2007 and NRS 209.4465(8)(d) excludes category B felons like Gaston-Sawyer from receiving credit toward their minimum sentence. See NRS 200.380(2); NRS 200.481(2)(e); 2007 Nev. Stat., ch. 525, § 5, at 3177; see generally Robert E. v. Justice Court of Reno Twp., 99 Nev. 443, 445, 664 P.2d 957, 959 (1983) ("When presented with a question of statutory interpretation, the intent of the legislature is the controlling factor and, if the statute under consideration is clear on its face, a court cannot go beyond the statute in determining legislative intent."). 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
Lee Gaston-Sawyer
Attorney General/Carson City
Attorney General/Las Vegas
Eighth District Court Clerk