Opinion
No. 75827-COA
03-20-2019
GORDON WAYNE SIMPSON, Appellant, v. ISIDRO BACA, NNCC WARDEN, Respondent.
ORDER OF AFFIRMANCE
This is an appeal from an order of the district court dismissing a postconviction petition for a writ of habeas corpus filed on December 27, 2017. First Judicial District Court, Carson City; James Todd Russell, Judge.
This appeal has been submitted for decision without oral argument. NRAP 34(f)(3).
Simpson argues the district court erred by denying his claim the Nevada Department of Corrections (NDOC) improperly declined to apply his statutory credits to the minimum term of his sentence. The district court found Simpson was not entitled to relief because he is currently serving prison sentences for burglary and establishing or possessing a financial forgery laboratory, category B felonies, see NRS 205.060(2); NRS 205.46513(2), committed in 2011. Based on these findings, the district court concluded NDOC may only apply Simpson's credits to his maximum term pursuant to NRS 209.4465(8)(d). Given these circumstances, we conclude the district court did not err by denying this claim. Accordingly, we
We also conclude Simpson failed to demonstrate NRS 209.4465 and the specific statutes under which he was convicted were ambiguous or in conflict. See Williams v. Nev. Dep't of Corr., 133 Nev. ___, ___, 402 P.3d 1260, 1262 (2017). --------
ORDER the judgment of the district court AFFIRMED.
/s/_________, J.
Tao
/s/_________, J.
Gibbons
/s/_________, J.
Bulla cc: Hon. James Todd Russell, District Judge
Gordon Wayne Simpson
Attorney General/Carson City
Carson City Clerk