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Gonzalez v. Filson

COURT OF APPEALS OF THE STATE OF NEVADA
Feb 12, 2019
No. 76318-COA (Nev. App. Feb. 12, 2019)

Opinion

No. 76318-COA

02-12-2019

EMMANUEL GONZALEZ, Appellant, v. TIMOTHY FILSON, WARDEN, Respondent.


ORDER OF AFFIRMANCE

Emmanuel Gonzalez appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus filed on April 20, 2018. Seventh Judicial District Court, White Pine County; Steve L. Dobrescu, Judge.

This appeal has been submitted for decision without oral argument. NRAP 34(f)(3). --------

In his petition, Gonzalez claimed the Nevada Department of Corrections failed to apply his statutory credits toward his minimum sentence and this failure violated the Ex Post Facto clause. We conclude Gonzalez failed to support this claim with specific facts that, if true, would entitle him to relief. See Hargrove v. State, 100 Nev. 498, 502-03, 686 P.2d 222, 225 (1984). Therefore, we conclude the district court did not err by denying the 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. Steve L. Dobrescu, District Judge

Emmanuel Gonzalez

Attorney General/Carson City

White Pine County Clerk


Summaries of

Gonzalez v. Filson

COURT OF APPEALS OF THE STATE OF NEVADA
Feb 12, 2019
No. 76318-COA (Nev. App. Feb. 12, 2019)
Case details for

Gonzalez v. Filson

Case Details

Full title:EMMANUEL GONZALEZ, Appellant, v. TIMOTHY FILSON, WARDEN, Respondent.

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Feb 12, 2019

Citations

No. 76318-COA (Nev. App. Feb. 12, 2019)