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Martinez v. State

Court of Appeals of Nevada
Apr 11, 2022
No. 83486-COA (Nev. App. Apr. 11, 2022)

Opinion

83486-COA

04-11-2022

FREDY A. MARTINEZ & A/K/A FREDDY MARTINEZ, Appellant, v. THE STATE OF NEVADA, Respondent.


UNPUBLISHED OPINION

ORDER OF AFFIRMANCE

Fredy A. Martinez appeals from an order of the district court dismissing a postconviction petition for a writ of habeas corpus without prejudice. First Judicial District Court, Carson City; James E. Wilson. Judge.

In his April 29, 2021, petition, Martinez challenged the computation of time served, arguing that the Nevada Department of Corrections should transfer good-time credits from an older sentence to a new one and improperly refused to apply his good-time credits toward his minimum parole eligibility date. Pursuant to NRS 34.724(2)(c), an incarcerated person may pursue a postconviction petition for a writ of habeas corpus to challenge the computation of time served "after all available administrative remedies have been exhausted." The district court concluded that Martinez did not demonstrate that he exhausted administrative remedies prior to filing his postconviction petition, and the record supports the district court's decision. Therefore, we conclude the district court did not err by dismissing the petition. See NRS 34.810(4). Accordingly, we

ORDER the judgment of the district court AFFIRMED.

Gibbons, C.J., Tao, J., Bulla, J.

Hon. James E. Wilson, District Judge


Summaries of

Martinez v. State

Court of Appeals of Nevada
Apr 11, 2022
No. 83486-COA (Nev. App. Apr. 11, 2022)
Case details for

Martinez v. State

Case Details

Full title:FREDY A. MARTINEZ & A/K/A FREDDY MARTINEZ, Appellant, v. THE STATE OF…

Court:Court of Appeals of Nevada

Date published: Apr 11, 2022

Citations

No. 83486-COA (Nev. App. Apr. 11, 2022)