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Paulo v. Dzurenda

COURT OF APPEALS OF THE STATE OF NEVADA
Mar 14, 2018
No. 73634 (Nev. App. Mar. 14, 2018)

Opinion

No. 73634

03-14-2018

JOSHUA JUSTIN PAULO, Appellant, v. JAMES DZURENDA, DIRECTOR; HIGH DESERT STATE PRISON; OFFENDER MANAGEMENT DIVISION; AND THE STATE OF NEVADA, Respondents. JOSHUA JUSTIN PAULO, Appellant, v. THE STATE OF NEVADA; THE STATE OF NEVADA DEPARTMENT OF CORRECTIONS; AND JAMES DZURENDA, DIRECTOR, Respondents.


ORDER OF AFFIRMANCE

Joshua Justin Paulo appeals from a district court order denying the postconviction petitions for writs of habeas corpus he filed on August 25, 2016, and March 16, 2017. Eighth Judicial District Court, Clark County; Linda Marie Bell, Judge. We elect to consolidate these appeals for disposition. See NRAP 3(b)(2).

These appeals have been submitted for decision without oral argument. NRAP 34(f)(3). --------

In his petitions, Paulo claimed the Nevada Department of Corrections was not applying the statutory credits he earned to his minimum sentences as required by NRS 209.4465(7)(b). The district court determined Paulo was not entitled to good time deductions from his parole eligibility date because he was serving sentences for category B felonies he committed in 2013.

Paulo appears to claim the district court erred in its interpretation of NRS 209.4465. We have reviewed the statute and conclude the district court correctly determined Paulo was not entitled to relief because he committed his crimes after NRS 209.4465 was amended in 2007, his controlling sentences are for robbery with the use of a deadly weapon and attempted murder—both category B felonies, see NRS 193.330(1)(a)(1); NRS 200.030(4), (5); NRS 200.380(2), and NRS 209.4465(8)(d) does not allow offenders convicted of category B felonies to receive credit toward their minimum sentences. See 2007 Nev. Stat., ch. 525, § 5, at 3177; NRS 213.1213(1); see generally Robert E. v. Justice Court of Reno Twp., 99 Nev. 443, 445, 664 P.2d 957, 959 (1983) ("When presented with a question of statutory interpretation, the intent of the legislature is the controlling factor and, if the statute under consideration is clear on its face, a court cannot go beyond the statute in determining legislative intent."). Accordingly, we

ORDER the judgment of the district court AFFIRMED.

/s/_________, C.J.

Silver /s/_________, J.
Tao /s/_________, J.
Gibbons cc: Hon. Linda Marie Bell, District Judge

Joshua Justin Paulo

Attorney General/Carson City

Eighth District Court Clerk


Summaries of

Paulo v. Dzurenda

COURT OF APPEALS OF THE STATE OF NEVADA
Mar 14, 2018
No. 73634 (Nev. App. Mar. 14, 2018)
Case details for

Paulo v. Dzurenda

Case Details

Full title:JOSHUA JUSTIN PAULO, Appellant, v. JAMES DZURENDA, DIRECTOR; HIGH DESERT…

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Mar 14, 2018

Citations

No. 73634 (Nev. App. Mar. 14, 2018)