Opinion
No. 74003
04-11-2018
CANDELARIO PEREZ-RODRIGUEZ, Appellant, v. THE STATE OF NEVADA DEPARTMENT OF CORRECTIONS; JAMES DZURENDA, DIRECTOR NDOC; AND BRIAN E. WILLIAMS, SR., WARDEN SDCC, Respondents.
ORDER OF AFFIRMANCE
Candelario Perez-Rodriguez appeals from a district court order denying the postconviction petition for a writ of habeas corpus he filed on July 29, 2016. Eighth Judicial District Court, Clark County; Linda Marie Bell, Judge.
This appeal has been submitted for decision without oral argument. NRAP 34(f)(3).
In his petition, Perez-Rodriguez 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 Perez-Rodriguez was not entitled to good time deductions from his parole eligibility date because he was serving a sentence for a category B felony he committed after 2007.
Perez-Rodriguez 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 Perez-Rodriguez was not entitled to have credits deducted from his minimum sentence because he committed his crime 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. See 2007 Nev. Stat., ch. 525, §, 5, at 3177; 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
The record on appeal does not include the charging document and the judgment of conviction. However, Perez-Rodriguez does not challenge the district court's factual findings that he was convicted of a category B felony for conduct that occurred after 2007, and he acknowledges in his pleadings that he was convicted of attempted robbery with the use of a deadly weapon and was sentenced in 2014. See NRS 193.165(3); NRS 193.330(1)(a)(2); NRS 200.380(2).
ORDER the judgment of the district court AFFIRMED.
We have reviewed all documents Perez-Rodriguez has filed in this matter, and we conclude no relief based upon those submissions is warranted. To the extent Perez-Rodriguez has attempted to present claims or facts in those submissions which were not previously presented in the proceedings below, we decline to consider them in the first instance. --------
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Linda Marie Bell, District Judge
Candelario Perez-Rodriguez
Attorney General/Carson City
Attorney General/Las Vegas
Eighth District Court Clerk