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Graeber v. Baca

COURT OF APPEALS OF THE STATE OF NEVADA
Nov 14, 2017
No. 72705 (Nev. App. Nov. 14, 2017)

Opinion

No. 72705

11-14-2017

JASON GRAEBER, Appellant, v. N.N.C.C. ISIDRO BACA, WARDEN, Respondent.


ORDER OF AFFIRMANCE

Jason Graeber appeals from an order of the district court dismissing a postconviction petition for a writ of habeas corpus. First Judicial District Court, Carson City; James E. Wilson, Judge.

This appeal has been submitted for decision without oral argument. NRAP 34(f)(3).

Graeber argues the district court erred by dismissing his petition. In his July 28, 2016, petition, Graeber claimed the Nevada Department of Corrections (NDOC) has improperly declined to apply his statutory credits toward his minimum term. The record demonstrates Graeber is serving a prison term for a category B felony he committed in 2011. For those reasons, the NDOC may only apply Graeber's statutory credits toward his maximum term pursuant to NRS 209.4465(8)(d). Given these circumstances, we conclude the district court did not err in denying the petition. Accordingly, we

The record demonstrates Graeber was convicted of attempted lewdness with a minor under the age of 14, a category B felony. See NRS 193.330(1)(a)(1); NRS 201.230(2). --------

ORDER the judgment of the district court AFFIRMED.

/s/_________, C.J.

Silver

/s/_________, J.

Tao

/s/_________, J.

Gibbons cc: Hon. James E. Wilson, District Judge

Jason Graeber

Attorney General/Carson City

Attorney General/Las Vegas

Carson City Clerk


Summaries of

Graeber v. Baca

COURT OF APPEALS OF THE STATE OF NEVADA
Nov 14, 2017
No. 72705 (Nev. App. Nov. 14, 2017)
Case details for

Graeber v. Baca

Case Details

Full title:JASON GRAEBER, Appellant, v. N.N.C.C. ISIDRO BACA, WARDEN, Respondent.

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Nov 14, 2017

Citations

No. 72705 (Nev. App. Nov. 14, 2017)