Opinion
No. 66453
01-21-2015
VINCENT ARTHUR MOLINSKI, Appellant, v. THE STATE OF NEVADA; NEVADA DEPARTMENT OF CORRECTIONS; AND GREG COX, DIRECTOR, Respondents.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER OF AFFIRMANCE
This is an appeal from an order of the district court denying a petition for a writ of mandamus. Seventh Judicial District Court, White Pine County; Steve L. Dobrescu, Judge.
This appeal has been submitted for decision without oral argument, NRAP 34(f)(3), and we conclude that the record is sufficient for our review and briefing is unwarranted. See Luckett v. Warden, 91 Nev. 681, 682, 541 P.2d 910, 911 (1975).
In his July 30, 2013, petition, appellant claimed that the Nevada Department of Corrections had improperly forced him to serve his sentences consecutively when the district court had actually sentenced him to serve concurrent terms. Appellant's claim was without merit. Appellant was convicted of nine separate counts and the district court ordered that all individual counts are to be served concurrently. However, the district court also ordered appellant to serve consecutive terms for deadly weapon enhancements for three counts of robbery with the use of a deadly weapon. The documents submitted by the Nevada Department of Corrections demonstrate that the Department followed the district court's order. Therefore, the district court did not err in denying the petition. Accordingly, we
We note that the district court properly construed the petition as a post-conviction petition for a writ of habeas corpus due to the nature of appellant's claim. See NRS 34.724(2)(c) (stating that a post-conviction petition for a writ of habeas corpus "[i]s the only remedy available to an incarcerated person to challenge the computation of time that the person has served pursuant to a judgment of conviction.").
One count of burglary while in possession of a firearm, three counts of robbery with the use of a deadly weapon, burglary, two counts of robbery, and two counts of battery with the intent to commit a crime.
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ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Silver
cc: Hon. Steve L. Dobrescu, District Judge
Vincent Arthur Molinski
Attorney General/Carson City
White Pine County Clerk