Opinion
No. 71989
12-28-2017
DAVID BRANDON SID, Appellant, v. BRIAN WILLIAMS, WARDEN; THE STATE OF NEVADA DEPARTMENT OF CORRECTIONS; AND THE STATE OF NEVADA, Respondents.
ORDER OF AFFIRMANCE
David Brandon Sid appeals from an order of the district court denying the "motion for application of lawful stat time" he filed on June 9, 2016. Eighth Judicial District Court, Clark County; Linda Marie Bell, 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). --------
In his motion, Sid claimed the Nevada Department of Corrections (NDOC) improperly declined to apply his statutory credits toward his minimum term. The district court construed the motion as a postconviction petition for a writ of habeas corpus and determined Sid was not entitled to relief. Specifically, the district court found Sid is currently serving a prison term for possession of a stolen vehicle, category B felony, see 1997 Nev. Stat., ch. 150, § 7, at 344, and Sid committed his crime in January of 2011. The district court found the NDOC may only apply Sid's statutory credits toward his maximum term pursuant to NRS 209.4465(8)(d). Given these circumstances, we conclude the district court did not err by denying the motion, and we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Linda Marie Bell, District Judge
David Brandon Sid
Attorney General/Carson City
Attorney General/Las Vegas
Eighth District Court Clerk