Opinion
No. 71364
06-15-2017
WILLIAM MEZA MONTES, Appellant, v. BRIAN WILLIAMS, WARDEN; NEVADA DEPARTMENT OF CORRECTIONS; AND STATE OF NEVADA, Respondents.
ORDER OF AFFIRMANCE
This is a pro se appeal from a district court order denying appellant William Meza Montes's May 16, 2016, postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Kathy A. Hardcastle, Senior Judge. Montes challenged the computation of time he has served. We affirm.
This appeal has been submitted for decision on the record without briefing or oral argument. NRAP 34(f)(3), (g); see also NRAP 31(d)(1); Luckett v. Warden, 91 Nev. 681, 682, 541 P.2d 910, 911 (1975).
Montes claimed that the Nevada Department of Corrections is not deducting statutory credits from his minimum sentences pursuant to NRS 209.4465(7)(b). Montes's claim lacks merit. NRS 209.4465(7) begins, "Except as otherwise provided in subsection[ ] 8," and NRS 209.4465(8) specifically excludes offenders convicted of category B felonies from deducting statutory credits from their minimum sentences. Montes's controlling sentence was for a category B felony, see NRS 453.3385(1)(b), for an offense committed after NRS 209.4465(8)'s effective date. Accordingly, Montes is not entitled to the deduction of credits from his minimum sentences, and we
ORDER the judgment of the district court AFFIRMED.
/s/_________, J.
Hardesty
/s/_________, J.
Parraguirre
/s/_________, J.
Stiglich cc: Chief Judge, The Eighth Judicial District Court
Hon. Kathy A. Hardcastle, Senior Judge
William Meza Montes
Attorney General/Carson City
Attorney General/Las Vegas
Eighth District Court Clerk