Opinion
No. 77613-COA
10-08-2019
BRIT FANULE AUGBORNE, Appellant, v. TIMOTHY FILSON, WARDEN; AND THE STATE OF NEVADA, Respondents.
ORDER OF AFFIRMANCE
Brit Fanule Augborne appeals from a district court order denying a postconviction petition for a writ of habeas corpus that challenged the computation of time served. Seventh Judicial District Court, White Pine County; Gary Fairman, Judge.
In his petition below, Augborne claimed he was entitled to have statutory credit applied to his minimum term because his sentence does not require him to serve a mandatory minimum term before being eligible for parole. The district court found that Augborne was convicted of robbery with the use of a deadly weapon, a category B felony, see NRS 200.380(2), for an offense committed in 2013, which was after the effective date of NRS 209.4465(8). The district court therefore concluded NRS 209.4465(8)(d) prohibited the application of statutory credit to Augborne's minimum term. The district court's findings are supported by the record and we conclude the district court did not err by denying Augborne's petition. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Bulla cc: Hon. Gary Fairman, District Judge
Brit Fanule Augborne
Attorney General/Ely
White Pine County Clerk