Opinion
No. 73799
08-24-2018
EDMUNDO ANTONIO ZUNIGA, Appellant, v. BRIAN WILLIAMS, WARDEN, Respondent.
ORDER OF AFFIRMANCE
Edmundo Antonio Zuniga appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus filed on December 5, 2016. 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).
Zuniga challenged the computation of time he has served. He acknowledged he was not entitled to the application of statutory credits to his minimum sentences while he was still serving the minimum terms. Zuniga claimed, however, that he is entitled to the application of credits to his minimum terms once he has satisfied the minimum sentences. NRS 209.4465(7) governs the application of statutory credits to minimum sentences, and it makes no distinction between applying credits before and after any minimum sentence has been satisfied. Accordingly, we conclude Zuniga is not entitled to the application of credits to his minimum sentence, regardless of how much time he has already served.
Zuniga was convicted of second-degree murder with the use of a deadly weapon and was sentenced pursuant to NRS 200.030(5)(a), which provided for a sentence of "life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served." Zuniga was thus correct that he was not eligible to have his statutory credits applied to his parole eligibility. See NRS 209.4465(7)(b).
Zuniga did not allege he was denied a parole hearing when his minimum sentences had been served. --------
Having concluded Zuniga is not entitled to relief, we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Linda Marie Bell, Chief Judge
Edmundo Antonio Zuniga
Attorney General/Carson City
Attorney General/Las Vegas
Eighth District Court Clerk