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Walker v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Mar 14, 2019
No. 75567 (Nev. App. Mar. 14, 2019)

Opinion

No. 75567

03-14-2019

ANTWON WALKER, Appellant, v. THE STATE OF NEVADA, Respondent.


ORDER OF AFFIRMANCE

Antwon Walker appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus filed on November 16, 2017. Eighth Judicial District Court, Clark County; Linda Marie Bell, Chief 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 petition, Walker claimed the Nevada Department of Corrections (NDOC) improperly declined to apply his statutory credits to the minimum term of his sentences. The district court concluded Walker was not entitled to relief because he is currently serving prison sentences for robbery with the use of a deadly weapon and burglary, both category B felonies, see NRS 193.165(1); NRS 200.380(2); NRS 205.060(2), committed the offenses between 2012 and 2014, and for those reasons, NDOC may only apply Walker's credits toward his maximum term pursuant to NRS 209.4465(8)(b). Given these circumstances, we conclude the district court did not err by denying his claim.

Walker also claimed the failure of NDOC to apply his credits toward his minimum term violated the Equal Protection Clause. This claim lacked merit. See Vickers v. Dzurenda, 134 Nev. ___, ___, 433 P.3d 306, 310 (Ct. App. 2018). Accordingly, we conclude the district court did not err by denying the petition, and we

ORDER the judgment of the district court AFFIRMED.

/s/_________, J.

Tao

/s/_________, J.

Gibbons

/s/_________, J.

Bulla cc: Hon. Linda Marie Bell, Chief Judge

Antwon Walker

Attorney General/Las Vegas

Eighth District Court Clerk


Summaries of

Walker v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Mar 14, 2019
No. 75567 (Nev. App. Mar. 14, 2019)
Case details for

Walker v. State

Case Details

Full title:ANTWON WALKER, Appellant, v. THE STATE OF NEVADA, Respondent.

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Mar 14, 2019

Citations

No. 75567 (Nev. App. Mar. 14, 2019)