Opinion
No. 71375
06-15-2017
FRANCISCO CONTRERAS-DEJESUS, Appellant, v. BRIAN WILLIAMS, WARDEN; NEVADA DEPARTMENT OF CORRECTIONS; AND STATE OF NEVADA, Respondents.
ORDER OF AFFIRMANCE
This is a pro se appeal from a district court order denying appellant Francisco Contreras-Dejesus's May 4, 2016, postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Linda Marie Bell, Judge. Contreras-Dejesus challenged the computation of time he has served. We affirm.
This appeal has been submitted for decision on the record without briefing or oral argument. NRAP 34(f)(3), (g); see also NRAP 31(d)(1); Luckett v. Warden, 91 Nev. 681, 682, 541 P.2d 910, 911 (1975).
Contreras-Dejesus claimed that the Nevada Department of Corrections is not deducting statutory credits from his minimum sentences pursuant to NRS 209.4465(7)(b). Contreras-Dejesus's claim lacks merit. NRS 209.4465(7) begins, "Except as otherwise provided in subsection[ ] 8," and NRS 209.4465(8) specifically excludes offenders convicted and/or sentenced pursuant to NRS 484C.110 or 484C.430 or of category B felonies from deducting statutory credits from their minimum sentences. Contreras-Dejesus was convicted and sentenced pursuant to NRS 484C.110 and NRS 484C.430 for a category B felony for crimes committed after the effective date of NRS 209.4465(8). Accordingly, Contreras-Dejesus is not entitled to the deduction of credits from his minimum sentence, and we
ORDER the judgment of the district court AFFIRMED.
/s/_________, J.
Hardesty
/s/_________, J.
Parraguirre
/s/_________, J.
Stiglich cc: Hon. Linda Marie Bell, District Judge
Francisco Contreras-Dejesus
Attorney General/Carson City
Attorney General/Las Vegas
Eighth District Court Clerk