Opinion
No. 74099
07-17-2018
GERALD KEITH TAYLOR, Appellant, v. BRIAN WILLIAMS, WARDEN, Respondent.
ORDER OF AFFIRMANCE
Gerald Keith Taylor appeals from a district court order denying the petition for a writ of habeas corpus filed on January 20, 2017. 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).
Taylor claimed the Nevada Department of Corrections was not applying the statutory credits he earned to his minimum sentences as required by NRS 209.4465(7)(b). However, the record demonstrates Taylor was convicted of category A and B felonies for conduct that occurred after NRS 209.4465 was amended in 2007, and, therefore, he is not entitled to relief. See NRS 209.4465(8)(d) (excluding category A and B felons from receiving credit toward their minimum sentence). Accordingly, we
Taylor was convicted of one count of first-degree kidnapping and three counts of robbery with the use of a deadly weapon. See NRS 200.310(1); NRS 200.380(2).
ORDER the judgment of the district court AFFIRMED.
To the extent Taylor claimed the application of NRS 209.4465(8) violated the Ex Post Facto Clause, his claim is without merit. See Weaver v. Graham, 450 U.S. 24, 28-29 (1981). --------
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Linda Marie Bell, District Judge
Gerald Keith Taylor
Attorney General/Carson City
Attorney General/Las Vegas
Eighth District Court Clerk