Opinion
No. 79391-COA
06-05-2020
JOCQUISE COLEMAN, Appellant, v. JAMES DZURENDA, DIRECTOR, Respondent.
ORDER OF AFFIRMANCE
Jocquise Coleman appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus filed in January 2019. First Judicial District Court, Carson City; James Todd Russell, Judge.
Coleman claimed the Nevada Department of Corrections improperly refused to honor his request, pursuant to NRS 213.1212, to aggregate bis sentences. The district court found that Coleman was sentenced to two consecutive prison terms and he had already been considered for parole on his first term when he made his request to aggregate his sentences. Because Coleman had already been considered for parole, he was not eligible to aggregate his sentences. See 2013 Nev. Stat., ch. 64, § 11, at 228 (then NRS 213.1212(3)(b)). We therefore conclude the district court did not err by denying this claim.
To the extent Coleman sought to challenge the validity of his judgment of conviction, he must file such a challenge in a separate petition with the clerk of the district court for the county in which he was convicted. See NRS 34.738(1), (3). Accordingly, we conclude the district court did not err by denying Coleman's petition, and we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Bulla cc: Hon. James Todd Russell, District Judge
Jocquise Coleman
Attorney General/Carson City
Attorney General/Las Vegas
Carson City Clerk