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Newton v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Dec 4, 2018
No. 74119-COA (Nev. App. Dec. 4, 2018)

Opinion

No. 74119-COA

12-04-2018

CHARLES CLINTON NEWTON, JR., Appellant, v. THE STATE OF NEVADA, Respondent.


ORDER DISMISSING APPEAL

Charles Clinton Newton, Jr., appeals from a district court order denying a postconviction petition for a writ of habeas corpus filed on August 30, 2016. Eighth Judicial District Court, Clark County; Linda Marie Bell, Chief Judge.

This appeal has been submitted for decision without oral argument. NRAP 34(f)(3). --------

Newton claimed the district court erred by denying his petition because the Nevada Department of Corrections incorrectly determined which of his concurrent sentences was controlling and failed to apply the statutory credits he earned to his minimum sentences as required by NRS 209.4465. We directed the State to provide an answer and, because the State's answer suggested Newton had discharged one of his sentences and may have discharged the other sentence, we directed the State to provide information as to whether Newton had indeed discharged both of his sentences. The State has demonstrated that Newton discharged his sentences in this matter on January 9, 2018, and August 27, 2018. The discharge of these sentences renders Newton's challenge to the computation of time served moot. See Johnson v. Dir., Nev. Dep't of Prisons, 105 Nev. 314, 316, 774 P.2d 1047, 1049 (1989). Accordingly, we

ORDER this appeal DISMISSED.

/s/_________, C.J.

Silver

/s/_________, J.

Tao

/s/_________, J.

Gibbons cc: Hon. Linda Marie Bell, Chief Judge

Charles Clinton Newton, Jr.

Attorney General/Carson City

Attorney General/Las Vegas

Clark County District Attorney

Eighth District Court Clerk


Summaries of

Newton v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Dec 4, 2018
No. 74119-COA (Nev. App. Dec. 4, 2018)
Case details for

Newton v. State

Case Details

Full title:CHARLES CLINTON NEWTON, JR., Appellant, v. THE STATE OF NEVADA, Respondent.

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Dec 4, 2018

Citations

No. 74119-COA (Nev. App. Dec. 4, 2018)