Opinion
No. 56955.
07-14-2011
Paul Henry MELTON, Appellant, v. The STATE of Nevada, Respondent.
Clark County Public Defender Attorney General/Carson City Clark County District Attorney
Clark County Public Defender
Attorney General/Carson City
Clark County District Attorney
ORDER OF AFFIRMANCE
This is an appeal from a judgment of conviction entered pursuant to a guilty plea of failure to stop on the signal of a police officer and possession of a stolen vehicle. Eighth Judicial District Court, Clark County; David B. Barker, Judge.
Appellant Paul Henry Melton contends that the district court abused its discretion by not awarding him credit for 387 days' time served. Melton claims that he was in custody on all counts and cases from August 10, 2009, until August 30, 2010, when he was sentenced in the instant case. Relying on Johnson v. State, 120 Nev. 296, 89 P.3d 669 (2004), Melton argues that he is entitled to credit for time served in this and two other cases because the sentences for all three cases were imposed to run concurrently. However, Melton's reliance on Johnson is misplaced because Johnson addresses concurrent sentences imposed in a single judgment of conviction and not concurrent sentences imposed in separate judgments of conviction. See id. at 297–98, 89 P.3d at 669–70. Moreover, a defendant is not entitled to presentence confinement credit when he is confined pursuant to a judgment of conviction in another case. NRS 176.055(1). Accordingly, we conclude that Melton's contention is without merit, and we
ORDER the judgment of conviction AFFIRMED.