Opinion
No. 71091
06-14-2017
KENDALL LAMAR MCGEE, Appellant, v. ISIDRO BACA, WARDEN, Respondent.
ORDER OF AFFIRMANCE
Kendall McGee appeals from an order of the district court denying the postconviction petition for a writ of habeas corpus he filed on June 13, 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). --------
In his petition, McGee claimed the Nevada Department of Corrections (NDOC) improperly declined to apply his statutory credits toward his minimum term. The district court concluded McGee was not entitled to relief because McGee is currently serving prison terms for burglary, a category B felony, see NRS 205.060(2), committed in 2011, and for those reasons, the NDOC may only apply McGee's statutory credits toward his maximum term pursuant to NRS 209.4465(8). Given these circumstances, we conclude the district court did not err in denying claim. Accordingly, we
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
Kendall Lamar McGee
Attorney General/Carson City
Carson City Clerk