Opinion
No. 77604-COA
09-25-2019
RAUL E. GONZALEZ, Appellant, v. BRIAN WILLIAMS, WARDEN; AND THE STATE OF NEVADA, Respondents.
ORDER OF AFFIRMANCE
Raul E. Gonzalez appeals from a district court order denying a postconviction petition for a writ of habeas corpus filed on May 10, 2018. Eighth Judicial District Court, Clark County; Linda Marie Bell, Chief Judge.
Gonzalez claimed the Nevada Department of Corrections was not applying the statutory credits he earned toward his eligibility for parole as required by NRS 209.4465(7)(b) and the Nevada Supreme Court's decision in Williams v. State Department of Corrections, 133 Nev. 594, 402 P.3d 1260 (2017). However, the district court found that Gonzalez was serving an aggregated sentence, he had already appeared before the Nevada Board of Parole Commissioners on his aggregated sentence, there was no further relief the court could grant, and therefore his claim was moot.
The record supports the district court's factual findings. Because a parole hearing would be the only relief available and no statutory authority or case law permits a retroactive grant of parole, see Williams, 133 Nev. at 600 n.7, 402 P.3d at 1265 n.7, we conclude the district court did not err by determining Gonzalez' claim was moot, see Johnson v. Dir., Nev. Dep't of Prisons, 105 Nev. 314, 316, 774 P.2d 1047, 1049 (1989). Accordingly, we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Bulla cc: Hon. Linda Marie Bell, Chief Judge
Raul E. Gonzalez
Attorney General/Las Vegas
Eighth District Court Clerk