Opinion
No. 71829
10-11-2017
EDWARD WARDELL BERRY, Appellant, v. THE STATE OF NEVADA DEPARTMENT OF CORRECTIONS; AND BRIAN E. WILLIAMS, SR., WARDEN, Respondents.
ORDER OF AFFIRMANCE
Edward Wardell Berry appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Linda Marie Bell, 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 July 21, 2016, petition, Berry claimed the Nevada Department of Corrections (NDOC) improperly declined to apply statutory credits toward his minimum term. The district court concluded Berry was not entitled to relief because Berry is serving a prison term for a category B felony he committed in 2015, and for those reasons, the NDOC may only apply credits toward Berry's maximum term pursuant to NRS 209.4465(8)(d). Given these circumstances, we conclude the district court did not err in denying the petition. Accordingly, we
The record demonstrates Berry was convicted of child abuse, neglect, or endangerment, a category B felony. See NRS 200.508(1)(b)(1). --------
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Linda Marie Bell, District Judge
Edward Wardell Berry
Attorney General/Carson City
Attorney General/Las Vegas
Eighth District Court Clerk