Opinion
No. 76331-COA
03-14-2019
SERGIO ANTONIO PONCE-GARCIA, Appellant, v. ISIDRO BACA, WARDEN, NNCC; SEC. JAMES DZURENDA, NDOC; DWAYNE DEAL, EX. DIR. OMD; AND THE STATE OF NEVADA, Respondents.
ORDER OF AFFIRMANCE
Sergio Antonio Ponce-Garcia appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus filed on May 9, 2018. First Judicial District Court, Carson City; James Todd Russell, Judge.
This appeal has been submitted for decision without oral argument. NRAP 34(f)(3). --------
Ponce-Garcia claimed he is entitled to the application of statutory credits to his minimum sentence pursuant to NRS 209.4465(7)(b). The district court found Ponce-Garcia's sentence was the result of a conviction for a violation of NRS 484C.430, a category B felony, committed after the effective date of NRS 209.4465(8), which precludes the application of credits to minimum terms of sentences for such felonies. See NRS 209.4465(8)(c), (d). These findings are supported by the record. See NRS 484C.430(1). We therefore conclude the district court did not err by denying this claim.
Ponce-Garcia also claimed the application of NRS 209.4465(8) violates the Ex Post Facto Clause. Ponce-Garcia's claim lacked merit because NRS 209.4465(8) was enacted before Ponce-Garcia committed his crime. See Weaver v. Graham, 450 U.S. 24, 29 (1981). We therefore conclude the district court did not err by denying this claim, and we
ORDER the judgment of the district court AFFIRMED.
/s/_________, J.
Tao
/s/_________, J.
Gibbons
/s/_________, J.
Bulla cc: Hon. James Todd Russell, District Judge
Sergio Antonio Ponce-Garcia
Attorney General/Carson City
Carson City Clerk