Opinion
No. 75309-COA
01-31-2019
MICHAEL DALE RULE, Appellant, v. JO GENTRY, WARDEN; OFFENDER MANAGEMENT DIVISION; AND THE STATE OF NEVADA, Respondents.
ORDER OF AFFIRMANCE
Michael Dale Rule appeals from a district court order denying a postconviction petition for a writ of habeas corpus filed on November 21, 2017. 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).
Rule 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 Rule's petition after finding he had been convicted of a category B felony, he committed his crime 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 Rule was not entitled to the application of statutory credits to his minimum sentence. Accordingly, we
Rule was convicted of burglary for a crime he committed on or about August 12, 2014. See NRS 205.060(2).
ORDER the judgment of the district court AFFIRMED.
To the extent Rule claimed he was entitled to work credits because he was willing to work or attend educational programs, we conclude the district court correctly determined he was not entitled to work credits for work he did not perform. See NRS 209.4465(2); Vickers v. Dzurenda, 134 Nev. Adv. Op. 91 *3, ___ P.3d ___, ___ (Ct. App. 2018). --------
/s/_________, A.C.J.
Douglas
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Linda Marie Bell, Chief Judge
Michael Dale Rule
Attorney General/Carson City
Attorney General/Las Vegas
Eighth District Court Clerk