Opinion
No. 76838-COA
06-13-2019
DAVID AARON THOMPSON, Appellant, v. JAMES DZURENDA, DIRECTOR, Respondent.
ORDER OF AFFIRMANCE
David Aaron Thompson appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus filed on March 21, 2018. Fourth Judicial District Court, Elko County; Nancy L. Porter, Judge.
This appeal has been submitted for decision without oral argument. NRAP 34(f)(3). --------
Thompson claims the district court erred by denying his claim that he was entitled to 257 days of presentence credits toward his convictions in CR-FP-17-491 and CR-FP-17-595. We conclude this claim was outside the scope of claims permitted in a postconviction petition for a writ of habeas corpus based on a judgment of conviction entered pursuant to a guilty plea. See NRS 34.810(1)(a). As a separate and independent ground to deny relief, we conclude Thompson's claim for presentence credits lacked merit because Thompson was confined in jail pursuant to judgments of conviction for other offenses. See NRS 176.055(1). Therefore, he was not entitled to presentence credit for these cases. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Bulla cc: Hon. Nancy L. Porter, District Judge
David Aaron Thompson
Attorney General/Carson City
Elko County District Attorney
Elko County Clerk