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Ramos v. Dzurenda

COURT OF APPEALS OF THE STATE OF NEVADA
Dec 29, 2017
No. 72476 (Nev. App. Dec. 29, 2017)

Opinion

No. 72476

12-29-2017

GILBERTO RAMOS, Appellant, v. JAMES DZURENDA, DIRECTOR, Respondent.


ORDER OF AFFIRMANCE

Gilberto Ramos appeals from an order of the district court denying his September 30, 2016, postconviction petition for a writ of habeas corpus challenging the computation of time served. First Judicial District Court, Carson City; James E. Wilson, Judge.

This appeal has been submitted for decision without oral argument and we conclude the record is sufficient for our review and briefing is unwarranted. NRAP 34(f)(3), (g). --------

Ramos argues the Nevada Department of Corrections is not deducting statutory credits from his minimum sentences pursuant to NRS 209.4465(7)(b). Ramos' claim lacks merit. NRS 209.4465(7) begins, "Except as otherwise provided in subsection[ ] 8," and NRS 209.4465(8)(d) specifically excludes offenders convicted of category B felonies from deducting statutory credits from their minimum sentences. Ramos' sentences were for category B felonies, see NRS 193.330(1)(a)(1); NRS 201.230(2), for offenses committed after NRS 209.4465(8)'s effective date. Accordingly, Ramos is not entitled to the deduction of credits from his minimum sentences, and we

ORDER the judgment of the district court AFFIRMED.

/s/_________, C.J.

Silver

/s/_________, J.

Tao

/s/_________, J.

Gibbons cc: Hon. James E. Wilson, District Judge

Gilberto Ramos

Attorney General/Carson City

Carson City Clerk


Summaries of

Ramos v. Dzurenda

COURT OF APPEALS OF THE STATE OF NEVADA
Dec 29, 2017
No. 72476 (Nev. App. Dec. 29, 2017)
Case details for

Ramos v. Dzurenda

Case Details

Full title:GILBERTO RAMOS, Appellant, v. JAMES DZURENDA, DIRECTOR, Respondent.

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Dec 29, 2017

Citations

No. 72476 (Nev. App. Dec. 29, 2017)