Opinion
No. 74018
07-17-2018
DARIN MICHAEL LEE, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Darin Michael Lee appeals from an order of the district court denying the postconviction petition for a writ a habeas corpus filed on January 10, 2017. Eighth Judicial District Court, Clark County; Linda Marie Bell, 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 petition, Lee claimed the Nevada Department of Corrections (NDOC) improperly declined to apply his statutory credits toward his minimum term. The district court denied the petition because Lee is serving a prison term for aggravated stalking, a category B felony, see NRS 200.575(2), and he committed his crime in 2016. For those reasons the district court found the NDOC may only apply Lee'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
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Linda Marie Bell, District Judge
Darin Michael Lee
Attorney General/Carson City
Attorney General/Las Vegas
Eighth District Court Clerk