Opinion
No. 79414-COA
06-05-2020
LUCAS GUY, Appellant, v. BRIAN WILLIAMS, WARDEN, Respondent.
ORDER OF AFFIRMANCE
Lucas Guy appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus filed on February 14, 2019. Eighth Judicial District Court, Clark County; Tierra Danielle Jones, Judge.
Guy claimed he is entitled to the application of statutory credit to his minimum sentence pursuant to NRS 209.4465(7)(b). The district court found Guy's sentence was the result of a conviction for a violent category B felony committed after the effective date of NRS 209.4465(8), which precludes the application of credit to minimum terms of sentences for such felonies, see NRS 209.4465(8)(a), (d). These findings are supported by the record. See NRS 200.481(2)(e)(1). We therefore conclude the district court did not err by denying this claim.
Guy also claimed the application of NRS 209.4465(8) violates the Ex Post Facto Clause. Guy'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 Guy committed his crime, 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. Tierra Danielle Jones, District Judge
Lucas Guy
Attorney General/Carson City
Attorney General/Las Vegas
Eighth District Court Clerk