Opinion
No. 67911
08-25-2015
FELIX L. SOTO, Appellant, v. ISIDRO BACA, WARDEN; AND THE STATE OF NEVADA, Respondents.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER OF AFFIRMANCE
This is an appeal from an order of the district court denying a post-conviction petition for a writ of habeas corpus. Second Judicial District Court, Washoe County; Janet J. Berry, Judge.
This appeal has been submitted for decision without oral argument, NRAP 34(f)(3), and we conclude the record is sufficient for our review and briefing is unwarranted. See Luckett v. Warden, 91 Nev. 681, 682, 541 P.2d 910, 911 (1975). --------
In his petition filed on August 20, 2014, appellant Felix Soto requested additional presentence credits for time he spent at a residential treatment facility while on probation. Under NRS 176.055(1), the district court may order credit for time "which the defendant has actually spent in confinement before conviction." A defendant is entitled to credit only for confinement that "is tantamount to incarceration in a county jail." Grant v. State, 99 Nev. 149, 151, 659 P.2d 878, 879 (1983).
Soto failed to demonstrate that his stay was tantamount to incarceration in a county jail. Id. Therefore, the district court did not err in denying the petition, and we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Silver
cc: Hon. Janet J. Berry, District Judge
Felix L. Soto
Attorney General/Carson City
Washoe County District Attorney
Washoe District Court Clerk