Opinion
No. 73090
04-24-2018
JAMES ROBERT HAIRE, Appellant, v. ISIDRO BACA, WARDEN; OFFENDER MANAGEMENT DIVISION; AND THE STATE OF NEVADA, Respondents.
ORDER OF AFFIRMANCE
James Robert Haire appeals from an order of the district court denying the postconviction petition for a writ of habeas corpus filed on December 6, 2016. First Judicial District Court, Carson City; James E. Wilson, Judge.
This appeal has been submitted for decision without oral argument. NRAP 34(f)(3).
Haire claims the district court erred by denying his claim the Nevada Department of Corrections (NDOC) improperly declined to apply his statutory credits toward his minimum term. The district court denied the petition because Haire is serving a prison term for burglary, a category B felony, see NRS 205.060(2), and he committed his crime in 2016. For these reasons, the district court found the NDOC may only apply Haire's statutory credits toward his maximum term pursuant to NRS 209.4465(8)(d). Given these circumstances, we conclude the district court did not err by denying this claim. Accordingly, we
We conclude Haire failed to demonstrate NRS 209.4465(7)(b) and NRS 209.44565(8) are ambiguous. See State v. Catania, 120 Nev. 1030, 1033, 102 P.3d 588, 590 (2004) (a statute is ambiguous if the language "lends itself to two or more reasonable interpretations"). --------
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
James Robert Haire
Attorney General/Carson City
Attorney General/Las Vegas
Carson City Clerk