Opinion
No. 76462-COA
05-15-2019
JAQUAN JAMES BARNES. Appellant, v. TIMOTHY FILSON, WARDEN, ESP, Respondent.
ORDER OF AFFIRMANCE
Jaquan James Barnes appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus filed on July 2, 2018. Seventh Judicial District Court, White Pine County; Steve L. Dobrescu, Judge.
This appeal has been submitted for decision without oral argument. NRAP 34(f)(3).
Barnes contends the district court erred by denying his petition challenging the computation of time served. Barnes claimed he was entitled to the application of statutory credits to his minimum sentence pursuant to NRS 209.4465(7)(b). Whether Barnes is entitled to the application of credits to his minimum sentence depends on when he committed his crime. See generally Williams v. State, 133 Nev. 594, 402 P.3d 1260 (2017) (holding credits should be applied to certain minimum sentences for crimes committed between the 1997 enactment and 2007 amendment of NRS 209.4465).
Barnes claimed to have been convicted of robbery with the use of a deadly weapon, a category B felony, see NRS 193.165(3): NRS 200.380(2), but he did not state when he committed it. He thus failed to support his claim with the necessary specific factual allegations. Cf. Hargrove v. State, 100 Nev. 498, 502-03, 686 P.2d 222, 225 (1984) (holding a petitioner is not entitled to an evidentiary hearing where his claims are unsupported by specific factual allegations that, if true, would have entitled him to relief). We therefore conclude the district court did not err by denying Barnes' petition. Accordingly, we
The district court concluded Barnes was not entitled to relief pursuant to NRS 209.4465(8). The record before this court does not indicate when Barnes committed his crimes and, accordingly, does not support the district court's conclusion. For the reasons stated above, we nevertheless affirm. See Wyatt v. State, 86 Nev. 294, 298, 468 P.2d 338, 341 (1970) (holding a correct result will not be reversed simply because it is based on the wrong reason).
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Bulla cc: Hon, Steve L. Dobrescu, District Judge
Jaquan James Barnes
Attorney General/Carson City
White Pine County Clerk