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So'oga v. Nev. Dep't of Corr. Offender Mgmt. Div.

COURT OF APPEALS OF THE STATE OF NEVADA
Jan 30, 2020
456 P.3d 604 (Nev. App. 2020)

Opinion

No. 78459-COA

01-30-2020

Tuiofu SO’OGA, Appellant, v. NEVADA DEPARTMENT OF CORRECTIONS OFFENDER MANAGEMENT DIVISION, Respondent.

Tuiofu So’oga Attorney General/Carson City Attorney General/Las Vegas


Tuiofu So’oga

Attorney General/Carson City

Attorney General/Las Vegas

ORDER OF AFFIRMANCE

Tuiofu So’oga appeals from a district court order denying a postconviction petition for a writ of habeas corpus filed on May 16, 2018. Eighth Judicial District Court, Clark County; Linda Marie Bell, Chief Judge.

In his petition, So’oga claimed the Nevada Department of Corrections was violating NRS 209.4465 by failing to apply 20 days of statutory credit per month to his minimum term. The district court determined that NRS 209.4465(8)(a) & (d) prohibited the application of credit to So’oga’s minimum term because he was convicted of robbery with the use of a deadly weapon and burglary while in possession of a firearm, both category B felonies and crimes of violence, see NRS 200.380(2) ; NRS 205.060(2), for acts he committed in 2012. The district court further found that So’oga’s claim was moot because he had already had a parole hearing and been denied parole. See Williams v. State Dep’t of Corr., 133 Nev. 594, 600 n.7, 402 P.3d 1260, 1265 n.7 (2017). The record on appeal supports the district court’s findings, and we conclude the district court did not err by denying this claim. Accordingly, we

ORDER the judgment of the district court AFFIRMED.


Summaries of

So'oga v. Nev. Dep't of Corr. Offender Mgmt. Div.

COURT OF APPEALS OF THE STATE OF NEVADA
Jan 30, 2020
456 P.3d 604 (Nev. App. 2020)
Case details for

So'oga v. Nev. Dep't of Corr. Offender Mgmt. Div.

Case Details

Full title:TUIOFU SO'OGA, Appellant, v. NEVADA DEPARTMENT OF CORRECTIONS OFFENDER…

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Jan 30, 2020

Citations

456 P.3d 604 (Nev. App. 2020)