Opinion
No. 69840
09-20-2016
JULIO SMITH PARRA, Appellant, v. DWIGHT NEVEN, WARDEN, Respondent.
ORDER OF AFFIRMANCE
This is an appeal from an order of the district court denying a postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Stefany Miley, Judge.
This appeal has been submitted for decision without oral argument. NRAP 34(f)(3). --------
Appellant Julio Parra argues the district court erred by denying his claim raised in his September 1, 2015, petition, that his parole eligibility dates were miscalculated and he should have been seen by the parole board earlier. We conclude the district court did not err by denying the petition as moot. Since filing the petition, Parra received a parole hearing on November 23, 2015, and was granted parole on several of his sentences. Thus, his claim was rendered moot. See NRS 213.10705; Niergarth v. Warden, 105 Nev. 26, 28-29, 768 P.2d 882, 883-84 (1989) (holding no statutory authority or case law permits retroactive grant of parole). Accordingly, we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Silver cc: Hon. Stefany Miley, District Judge
Julio Smith Parra
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk