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Graves v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Sep 11, 2020
No. 79707-COA (Nev. App. Sep. 11, 2020)

Opinion

No. 79707-COA

09-11-2020

NATHANIEL GRAVES, Appellant, v. THE STATE OF NEVADA; DEPARTMENT OF CORRECTIONS; AND T. THOMAS, WARDEN, Respondents.


ORDER OF AFFIRMANCE

Nathaniel Graves appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus filed on March 7, 2018. Eighth Judicial District Court, Clark County; Linda Marie Bell, Chief Judge.

Graves claimed the Nevada Department of Corrections was not properly applying credits to his maximum sentences. The district court found that, in the time since Graves filed his petition, he has expired both sentences arising from the underlying conviction. This finding is supported by substantial evidence in the record. Accordingly, Graves' claim was moot, See Johnson v. Dir., Nevada Dep't of Prisons, 105 Nev. 314, 316, 774 P.2d 1047, 1049 (1989) ("[W]hen appellant expired his sentences, any question as to the method of computing those sentences was rendered moot."). We therefore conclude the district court did not err by denying Graves' petition, and 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

Nathaniel Graves

Attorney General/Carson City

Attorney General/Las Vegas

Eighth District Court Clerk


Summaries of

Graves v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Sep 11, 2020
No. 79707-COA (Nev. App. Sep. 11, 2020)
Case details for

Graves v. State

Case Details

Full title:NATHANIEL GRAVES, Appellant, v. THE STATE OF NEVADA; DEPARTMENT OF…

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Sep 11, 2020

Citations

No. 79707-COA (Nev. App. Sep. 11, 2020)