Opinion
No. 73690
07-17-2018
JOSE LUIS HERNANDEZ, Appellant, v. JAMES DZURENDA, DIRECTOR, NEVADA DEPARTMENT OF CORRECTIONS; AND HAROLD WICKHAM, WARDEN, WARM SPRINGS CORRECTIONAL CENTER, Respondents.
ORDER OF AFFIRMANCE
Jose Luis Hernandez appeals from a district court order denying a postconviction petition for a writ of habeas corpus filed on September 20, 2016. First Judicial District Court, Carson City; James Todd Russell, Judge.
This appeal has been submitted for decision without oral argument and we conclude the record is sufficient for our review and briefing is unwarranted. NRAP 34(f)(3), (g).
Hernandez claimed the Nevada Department of Corrections had failed to apply the statutory credits he earned pursuant to NRS 209.4465(1)(c). However, the record demonstrates Hernandez was not "in the custody of the Division of Parole and Probation of the Department of Public Safety pursuant to NRS 209 .4886 or 209.4888." NRS 209.4465(1)(c) (emphasis added). Therefore, he is not entitled to relief, and we
ORDER the judgment of the district court AFFIRMED.
We conclude the district court did not abuse its discretion by declining to appoint postconviction counsel. See NRS 34.750(1); Renteria-Novoa v. State, 133 Nev. ___, ___, 391 P.3d 760, 760-61 (2017). --------
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. James Todd Russell, District Judge
Jose Luis Hernandez
Attorney General/Carson City
Carson City Clerk