Opinion
No. 70743
04-19-2017
ROBERT LEE JOHNSON, Appellant, v. ISIDRO BACA, WARDEN, Respondent.
ORDER OF AFFIRMANCE
Appellant Robert Lee Johnson appeals from an order of the district court dismissing a postconviction petition for a writ of habeas corpus. 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).
In his May 19, 2016, petition, Johnson claimed the Nevada Department of Corrections (NDOC) has improperly declined to apply his good-time credits toward his minimum term. The district court concluded Johnson was not entitled to relief because Johnson was convicted of a category B felony, committed the offenses in 2014, and for those reasons, the NDOC may only apply Johnson's good-time credits toward his maximum terms pursuant to NRS 209.4465(8). Given these circumstances, we conclude the district court did not err in dismissing the petition. Accordingly, we
The record demonstrates Johnson was convicted of trafficking in a controlled substance of more than 14 but less than 28 grams, a category B felony. See 1999 Nev. Stat., ch. 517, § 6, at 2639-40 (former NRS 453.3385). --------
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. James Todd Russell, District Judge
Robert Lee Johnson
Attorney General/Carson City
Carson City Clerk