Opinion
No. 75536-COA
12-19-2018
JORGE AVALOS PENA, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Jorge Avalos Pena appeals from a district court order denying a postconviction petition for a writ of habeas corpus filed on September 1, 2017. 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). --------
Pena claimed the Nevada Department of Corrections was not applying the statutory credits he earned to his minimum sentence as required by NRS 209.4465(7)(b). The district court denied Pena's petition after finding he was not entitled to have good time credits applied to his parole eligibility date because he committed a category B felony after NRS 209.4465 was amended in 2007 and NRS 209.4465(8)(d) excludes category B felons from receiving credit toward their minimum sentence. Although the record before this court does not contain a copy of Pena's judgment of conviction, he acknowledged that he had been convicted of a category B felony for a crime he committed after 2007. Accordingly, we conclude Pena failed to demonstrate he was entitled to relief, and the district court did not err by denying his petition. Therefore, we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Linda Marie Bell, Chief Judge
Jorge Avalos Pena
Attorney General/Carson City
Eighth District Court Clerk