Opinion
No. 70852
02-22-2017
DENNIS WALTER MYERS, Appellant, v. ISIDRO BACA, WARDEN, Respondent.
ORDER OF AFFIRMANCE
Appellant Dennis Myers appeals from an order of the district court denying his postconviction petition filed on May 31, 2016. First Judicial District Court, Carson City; James Todd Russell, Judge.
This appeal has been submitted for decision without oral argument. NRAP 34(f)(3). --------
Myers claims the district court erred by denying his petition. In his petition, Myers claimed he was entitled to have statutory credits deducted from his parole eligibility each month. The district court denied Myers' petition, finding Myers is not entitled to have credits deducted from his parole eligibility date. Specifically, the district court found that NRS 209.4465(8) exempts application of credit earned pursuant to NRS 209.4465(1) from applying towards eligibility for parole or reducing Myers' minimum term because the conduct giving rise to his conviction occurred on or about June 30, 2015, and he was convicted of a category B felony. We conclude the district court did not err by finding Myers is not entitled to have the credit applied toward his eligibility for parole or deducted from his minimum sentence. See NRS 209.4465(8). 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
Dennis Walter Myers
Attorney General/Carson City
Carson City Clerk