Opinion
No. 76922-COA
06-12-2019
WILBURT HICKMAN, JR., Appellant, v. JO GENTRY, WARDEN, Respondent.
ORDER OF AFFIRMANCE
Wilburt Hickman, Jr., appeals from a district court order denying a postconviction petition for a writ of habeas corpus filed on January 16, 2018. Eighth Judicial District Court, Clark County; Linda Marie Bell, Chief 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).
Hickman claimed the Nevada Department of Corrections was not applying the statutory credits he earned to his minimum sentence as required by NRS 209.4465(7)(b). The district court denied Hickman's petition after finding he had been convicted of category B felonies, he committed his felonies after NRS 209.4465 was amended in 2007, and NRS 209.4465(8)(d) specifically excludes the application of statutory credits to the minimum sentences of category B felons. The district court's findings are supported by the record, and we conclude the district court did not err by determining Hickman was not entitled to the application of statutory credits to his minimum sentence. Accordingly, we
Hickman was convicted of burglary, battery with the use of a deadly weapon, battery with the use of a deadly weapon resulting in substantial bodily harm, and six counts of assault with a deadly weapon for crimes he committed in December 2011. See NRS 200.471(2)(b); NRS 200.481(2)(e)(1); NRS 200.481(2)(e)(2); NRS 205.060(2). --------
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
Wilburt Hickman, Jr.
Attorney General/Las Vegas
Eighth District Court Clerk