Opinion
No. 70768
11-18-2016
ROY EMILLIO GODETT, Appellant, v. ISIDRO BACA, WARDEN, Respondent.
ORDER OF AFFIRMANCE
This is an appeal from an order denying a postconviction petition for a writ of habeas corpus. First Judicial District Court, Carson City; James Todd Russell, Judge.
This appeal has been submitted for decision without oral argument. NRAP 34(f)(3). --------
In his petition filed on May 24, 2016, appellant Roy Godett claimed the Nevada Department of Corrections (NDOC) should have been deducting statutory credits from his minimum sentence but was not.
We agree with Godett that he should have been receiving credits towards his minimum sentence in order to reduce the date he would be eligible for parole. During the relevant time period, NRS 209.4465 provided statutory credits "[a]pply to eligibility for parole." Godett did not fall within the exception to that rule because the statute under which he was convicted did not specify a minimum term before a person becomes eligible for parole. See id; NRS 207.010(1)(a). However, Godett's remedy would be the application of credit for determining his eligibility for parole. Because Godett has already received a parole hearing, his claim was rendered moot. See NRS 213.10705; Niergarth v. Warden, 105 Nev. 26, 28-29, 768 P.2d 882, 883-84 (1989) (holding no statutory authority or case law permits retroactive grant of parole). Accordingly, we conclude the district court did not err by denying Godett's petition, Wyatt v. State, 86 Nev. 294, 298, 468 P.2d 338, 341 (1970) (this court may affirm a district court decision that reaches the correct result for the wrong reason), and we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Silver cc: Hon. James Todd Russell, District Judge
Roy Emillio Godett
Attorney General/Carson City
Carson City Clerk