Opinion
No. 77918-COA
10-30-2019
DONELL GERARD BRYANT, Appellant, v. JO GENTRY, WARDEN, Respondent.
ORDER OF AFFIRMANCE
Donell Gerard Bryant appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus filed on April 6, 2018. Eighth Judicial District Court, Clark County; Linda Marie Bell, Chief Judge.
Bryant claimed he is entitled to the application of statutory credits to his minimum sentences pursuant to NRS 209.4465(7)(b). The district court found Bryant's sentences were the result of convictions for offenses committed in 2015 and 2016, after the effective date of NRS 209.4465(8)(d). These findings are supported by the record. Because Bryant was convicted of category B felonies, see NRS 202.360(1); NRS 453.3385(1)(a), (b), committed after the effective date of NRS 209.4465(8)(d), he was precluded from the application of credits to his minimum sentences. We therefore conclude the district court did not err by denying this claim.
Bryant next claimed that whether or not credits applied to minimum terms based on when a crime was committed vis-à-vis the effective date of NRS 209.4465(8)(d) violates the Equal Protection Clause. This court has addressed a similar claim and found it to lack merit. See Vickers v. Dzurenda, 134 Nev., Adv. Op. 91, *3-8, 433 P.3d 306, 308-10 (Ct. App. 2018). Accordingly, we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Bulla cc: Hon. Linda Marie Bell, Chief Judge
Donell Gerard Bryant
Attorney General/Las Vegas
Eighth District Court Clerk