Opinion
No. 75924-COA
02-13-2019
JEFFREY CLAYTON, JR., Appellant, v. BRIAN WILLIAMS, WARDEN, Respondent.
ORDER OF AFFIRMANCE
Jeffrey Clayton, Jr., appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus filed on October 25, 2017. Eighth Judicial District Court, Clark County; Linda Marie Bell, Chief Judge.
This appeal has been submitted for decision without oral argument. NRAP 34(f)(3).
Clayton contends the district court erred by denying his petition challenging the computation of time served. Clayton claimed he was entitled to the application of statutory credits to his minimum sentence pursuant to NRS 209.4465(7)(b). The district court found Clayton was sentenced for a category B felony for a crime he committed after 2007 and was thus not entitled to the application of credits to his minimum sentence. See NRS 209.4465(8)(d). Although copies of Clayton's charging document and judgment of conviction are not included in the record on appeal to support the district court's findings, we nevertheless affirm.
Whether Clayton 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. ___, 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). Clayton claimed to have been convicted of a category B felony, see NRS 484B.550(3), but he did not state when he committed it. He thus failed to support his claim with 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 Clayton's petition. 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). Accordingly, we
ORDER the judgment of the district court AFFIRMED.
/s/_________, A.C.J.
Douglas
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Linda Marie Bell, Chief Judge
Jeffrey Clayton, Jr.
Attorney General/Carson City
Eighth District Court Clerk