Opinion
No. 76140-COA
03-14-2019
DOROTEO FLORES, Appellant, v. BRIAN WILLIAMS, WARDEN, Respondent.
ORDER OF AFFIRMANCE
Doroteo Flores appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus filed on December 27, 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). --------
Flores claimed he is entitled to the application of statutory credits to his minimum sentence pursuant to NRS 209.4465(7)(b). The district court found Flores' sentence was the result of a conviction for a category B felony committed after the effective date of NRS 209.4465(8)(d), which precludes the application of credits to minimum terms of sentences for such felonies. These findings are supported by the record. See NRS 484C.430(1). We therefore conclude the district court did not err by denying this claim.
Flores also claimed the application of NRS 209.4465(8) violates the Ex Post Facto Clause. Flores' claim lacked merit because NRS 209.4465(8) was enacted before Flores committed his crime. See Weaver v. Graham, 450 U.S. 24, 29 (1981).
On appeal, Flores challenges the validity of NRS 209.4465(8), claiming it conflicts with the rest of the statute. Flores did not raise this argument in the district court below, and we decline to consider it on appeal in the first instance. See McNelton v. State, 115 Nev. 396, 416, 990 P.2d 1263, 1276 (1999). Accordingly, we
ORDER the judgment of the district court AFFIRMED.
/s/_________, J.
Tao
/s/_________, J.
Gibbons
/s/_________, J.
Bulla cc: Hon. Linda Marie Bell, Chief Judge
Doroteo Flores
Attorney General/Las Vegas
Eighth District Court Clerk