Opinion
No. 70925
06-14-2017
MICHAEL TODD SANZO, Appellant, v. HAROLD WICKHAM, WARDEN, Respondent.
ORDER OF AFFIRMANCE
Michael Todd Sanzo appeals from an order of the district court dismissing a postconviction petition for a writ of habeas corpus. First Judicial District Court, Carson City; James E. Wilson, 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).
In his May 19, 2016, petition, Sanzo claimed the Nevada Department of Corrections (NDOC) has improperly declined to apply his statutory credits toward his minimum terms. The district court concluded Sanzo was not entitled to relief because he was convicted of battery by strangulation constituting domestic violence, committed the crime in 2015, and such a conviction involved the use or threatened use of force or violence against the victim. For those reasons, the district court concluded the NDOC may only apply Sanzo's statutory credits toward his maximum terms pursuant to NRS 209.4465(8)(a). Given these circumstances, we conclude the district court properly denied the petition and we
We note the district court also concluded Sanzo is not entitled to relief because he was convicted of a category B felony. However, battery by strangulation constituting domestic violence is a category C felony. NRS 200.485(2). Nevertheless, as the district court properly denied the petition, we affirm. See Wyatt v. State, 86 Nev. 294, 298, 468 P.2d 338, 341 (1970). --------
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. James E. Wilson, District Judge
Michael Todd Sanzo
Attorney General/Carson City
Carson City Clerk