Opinion
No. 70983
05-16-2017
GEORGE L. GREENE, Appellant, v. HAROLD WICKHAM, WARDEN, Respondent.
ORDER OF AFFIRMANCE
George Greene appeals from a district court order granting the State's motion to dismiss his April 18, 2016, postconviction petition for a writ of habeas corpus. First Judicial District Court, Carson City; James E. Wilson, Judge.
This appeal has been submitted for decision without oral argument. NRAP 34(f)(3). --------
Greene claims the district court erred in finding his claim was moot because it is still a live controversy. Even if Greene was entitled to credit toward his minimum sentence under NRS 209.4465, his only remedy is the application of that credit toward a parole-eligibility determination. As Greene has already appeared before the Nevada Board of Parole Commissioners, the district court did not err in concluding his petition was 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 a retroactive grant of parole). Accordingly, we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. James E. Wilson, District Judge
George L. Greene
Attorney General/Carson City
Carson City District Attorney
Carson City Clerk