Opinion
No. 75002
10-24-2018
QUINCY MARTELL LOVETTE, Appellant, v. BRIAN WILLIAMS, WARDEN, Respondent.
ORDER OF AFFIRMANCE
Quincy Martell Lovette appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus filed on September 7, 2017. Eighth Judicial District Court, Clark County; Linda Marie Bell, Chief 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). --------
Lovette claimed he was entitled to the application of statutory credits to his minimum sentence pursuant to NRS 209.4465(7)(b). The district court found Lovette committed a category B felony after 2007 and was thus not entitled to the application of credits to his minimum sentence. See NRS 209.4465(8)(d). The district court's finding is not supported by any evidence in the record. We nevertheless conclude the district court reached the correct result in denying Lovette's petition.
Whether Lovette is entitled to the application of credits to his minimum sentence depends on when he committed his crime or crimes. See generally Williams v. State, 133 Nev. ___, 402 P.3d 1260 (2017) (holding credits should be applied to certain minimum sentences for crimes committed between the 1997 enactment and 2007 amendment of NRS 209.4465). Lovette claimed to have committed category B felonies, but he did not state when he committed them. He thus failed to support his claim with necessary specific factual allegations. Cf. Hargrove v. State, 100 Nev. 498, 502-03, 686 P.2d 222, 225 (1984) (holding a petitioner is not entitled to an evidentiary hearing where his claims are unsupported by specific factual allegations that, if true, would have entitled him to relief). We therefore conclude the district court did not err by denying Lovette's petition, see Wyatt v. State, 86 Nev. 294, 298, 468 P.2d 338, 341 (1970) (holding a correct result will not be reversed simply because it is based on the wrong reason), and we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Linda Marie Bell, Chief Judge
Quincy Martell Lovette
Attorney General/Carson City
Eighth District Court Clerk