Opinion
No. 75614-COA
02-13-2019
DAVID GORDON MOUNTFORD, Appellant, v. BRIAN E. WILLIAMS, SR., WARDEN HDSP, Respondent.
ORDER OF AFFIRMANCE
David Gordon Mountford appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus filed on September 14, 2017. Eighth Judicial District Court, Clark County; Linda Marie Bell, Chief Judge.
This appeal has been submitted for decision without oral argument. NRAP 34(f)(3).
Mountford argues the district court erred by denying his claim the Nevada Department of Corrections (NDOC) improperly declined to apply his statutory credits to the minimum term of his sentence. The district court concluded Mountford was not entitled to relief because he was convicted of burglary, a category B felony, see NRS 205.060(2), committed the offense in 2016, and for those reasons, NDOC may only apply Mountford's credits toward his maximum term pursuant to NRS 209.4465(8). Given these circumstances, we conclude the district court did not err by denying this claim. Accordingly, we
To the extent Mountford alleged he was entitled to work credits, this claim was not raised in Mountford's petition below, and we decline to consider it for the first time on appeal. See McNelton v. State, 115 Nev. 396, 416, 990 P.2d 1263, 1276 (1999). --------
ORDER the judgment of the district court AFFIRMED,
/s/_________, A.C.J.
Douglas
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Linda Marie Bell, Chief Judge
David Gordon Mountford
Attorney General/Las Vegas
Eighth District Court Clerk