Opinion
No. 72684
11-03-2017
MARCARIO PEREZ-SOLIS, Appellant, v. BRIAN WILLIAMS, WARDEN, Respondent.
ORDER VACATING AND REMANDING
This is a pro se appeal from a district court order denying a postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Linda Marie Bell, Judge.
This appeal has been submitted for decision on the record without briefing or oral argument. NRAP 34(f)(3), (g); see also NRAP 31(d)(1); Luckett v. Warden, 91 Nev. 681, 682, 541 P.2d 910, 911 (1975).
Appellant Marcario Perez-Solis argued that the credits he has earned pursuant to NRS 209.4465 must be applied to his parole eligibility as provided in NRS 209.4465(7)(b) (1997). In rejecting Perez-Solis' claim, the district court did not have the benefit of our recent decision in Williams v. State, 133 Nev., Adv. Op. 75, ___ P.3d ___ (2017). There, we held that credits apply to parole eligibility as provided in NRS 209.4465(7)(b) (1997) where the offender was sentenced pursuant to a statute that requires a minimum term of not less than a set number of years but does not expressly mention parole eligibility. Perez-Solis is serving an aggregated sentence pursuant to such a statute for robbery with the use of a deadly weapon committed on or between July 17, 1997, and June 30, 2007. See NRS 193.165 (1995) (providing sentence for weapon enhancement based on sentence imposed for primary offense); NRS 200.380(2) (setting forth sentencing range for robbery). Consistent with Williams, the credits that Perez-Solis has earned pursuant to NRS 209.4465 should be applied to his parole eligibility for the sentence he is serving. See generally NRS 213.1212 (addressing parole eligibility where sentences have been aggregated). The district court erred in ruling to the contrary. We therefore
The district court's order indicates that without the credits being applied to his parole eligibility, Perez-Solis "is anticipated to be parole eligible on his aggregated sentence near the end of [2017]." If Perez-Solis has appeared before the parole board on the aggregated sentence, the district court cannot grant him any further relief. Williams, 133 Nev., Adv. Op. 75 at 10 n.7. The district court may consider any evidence in that respect on remand. --------
ORDER the judgment of the district court VACATED AND REMAND this matter for the district court to reconsider its decision in light of Williams.
/s/_________, J.
Hardesty /s/_________, J.
Parraguirre /s/_________, J.
Stiglich cc: Hon. Linda Marie Bell, District Judge
Marcario Perez-Solis
Attorney General/Carson City
Attorney General/Las Vegas
Eighth District Court Clerk