Opinion
No. 69234
03-16-2016
STEVEN TODD THOMPSON, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
This is an appeal from a judgment of conviction, pursuant to a guilty plea, of possession of a schedule I or schedule II controlled substance for the purpose of sale. Fourth Judicial District Court, Elko County; Nancy L. Porter, Judge.
Appellant Steven Thompson contends the district court abused its discretion by denying him presentence credit for the time he served in an Idaho penal institution pending extradition to Nevada. This claim lacks merit.
This court will not disturb a district court's sentencing determination absent an abuse of discretion. See Martinez v. State, 114 Nev. 735, 737-38, 961 P.2d 143, 145 (1998). The record clearly demonstrates that, although Nevada lodged a warrant of arrest for him with the Idaho Department of Corrections, Thompson was incarcerated in Idaho pursuant to an Idaho judgment of conviction. Because Thompson's confinement in Idaho was not solely pursuant to the detainer lodged by Nevada, he was not entitled to any additional credit for time he spent incarcerated in Idaho. See NRS 176.055(1); Nieto v. State, 119 Nev. 229, 232, 70 P.3d 747, 748 (2003). Further, Thompson has failed to demonstrate that he was entitled to the credit sought under the Due Process Clause of the United States Constitution. Accordingly, we conclude the district court did not abuse its discretion by denying Thompson credit for time spent incarcerated in Idaho, and we
ORDER the judgment of conviction AFFIRMED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Silver cc: Hon. Nancy L. Porter, District Judge
Gary D. Woodbury
Attorney General/Carson City
Elko County District Attorney
Elko County Clerk