Opinion
No. 74442
07-17-2018
LUIS URENA, Appellant, v. WARDEN, HIGH DESERT STATE PRISON, Respondent.
ORDER OF AFFIRMANCE
Luis Urena appeals from a district court order denying the petition for a writ of habeas corpus filed on October 10, 2016. Eighth Judicial District Court, Clark County; J. Charles Thompson, Senior Judge.
This appeal has been submitted for decision without oral argument. NRAP 34(f)(3).
Urena 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 Urena was convicted of a category B felony 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 B felons from receiving credit toward their minimum sentence). Accordingly, we
Urena was convicted of attempted lewdness on a child under the age of 14 years—a category B felony. See NRS 193.330(1)(a)(1); NRS 201.230(2). --------
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Silver /s/_________, J.
Tao /s/_________, J.
Gibbons cc: Chief Judge, Eighth Judicial District Court
Hon. J. Charles Thompson, Senior Judge
Luis Urena
Attorney General/Carson City
Attorney General/Las Vegas
Eighth District Court Clerk