Opinion
No. 67579
08-04-2015
DONALD O'DELL TOWNE, JR., Appellant, v. THE STATE OF NEVADA, Respondent.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 "motion for amended judgment of conviction to include jail time credits." Eighth Judicial District Court, Clark County; Elissa F. Cadish, 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 January 21, 2015, motion, appellant Donald Towne, Jr., claimed he was entitled to additional presentence credits. A claim for presentence credits must be raised in a post-conviction petition for a writ of habeas corpus filed in compliance with the procedural requirements of NRS Chapter 34 and therefore, the district court properly construed the motion as a post-conviction petition. See NRS 34.724(2)(b); Griffin v. State, 122 Nev. 737, 744, 137 P.3d 1165, 1169-70 (2006).
Towne filed the petition more than twenty years after entry of the judgment of conviction on April 13, 1994. Thus, Towne's petition was untimely filed. See NRS 34.726(1). Moreover, Towne's petition constituted an abuse of the writ as he raised claims new and different from those raised in his previous post-conviction petition for a writ of habeas corpus. See NRS 34.810(2). Towne's petition was procedurally barred absent a demonstration of good cause and actual prejudice. See NRS 34.726(1); NRS 34.810(3). Towne did not attempt to demonstrate good cause. Therefore, the district court did not err in denying the petition. Accordingly, we
No direct appeal was taken.
Towne v. State, Docket No. 27617 (Order Dismissing Appeal, March 2, 2000). --------
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Silver
cc: Hon. Elissa F. Cadish, District Judge
Donald O'Dell Towne, Jr.
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk