Opinion
No. 74999-COA
02-13-2019
MATTHEW RODRIGUEZ, Appellant, v. BRIAN WILLIAMS, WARDEN, Respondent.
ORDER OF AFFIRMANCE
Matthew Rodriguez appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus filed on May 31, 2017. Eighth Judicial District Court, Clark County; Linda Marie Bell, Chief 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). --------
Rodriguez claimed the Nevada Department of Corrections (NDOC) improperly declined to apply his statutory credits to the minimum term of his sentence. The district court concluded Rodriguez was not entitled to relief because he is currently serving a prison sentence for burglary, a category B felony, see NRS 205.060(2), committed the offense in 2017, and for those reasons, NDOC may only apply Rodriguez' credits toward his maximum term pursuant to NRS 209.4465(8). Given these circumstances, we conclude the district court did not err by denying this claim.
Rodriguez also claimed NDOC's failure to apply his credits to his minimum term constituted an Ex Post Facto Clause violation. We conclude Rodriguez failed to demonstrate a violation because NRS 209.4465(7)(b) and NRS 209.4465(8) were in effect at the time he committed his crime and, therefore, were properly applied to him. See Weaver v. Graham, 450 U.S. 24, 28-29 (1981). Thus, we conclude the district court did not err by denying this claim. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
/s/_________, A.C.J.
Douglas
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Linda Marie Bell, Chief Judge
Matthew Rodriguez
Attorney General/Las Vegas
Eighth District Court Clerk