Opinion
No. 72491 No. 72492
05-15-2018
JIMMIE LEE WARE, Appellant, v. BRIAN WILLIAMS, WARDEN; THE STATE OF NEVADA DEPARTMENT OF CORRECTIONS; AND THE STATE OF NEVADA, Respondents.
ORDER OF AFFIRMANCE
Jimmie Lee Ware appeals from an order of the district court denying two postconviction petitions for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Linda Marie Bell, Judge.
These appeals have been submitted for decision without oral argument. NRAP 34(f)(3).
Ware filed two separate petitions in the district court on June 14, 2016. In his petitions, Ware claimed the Nevada Department of Corrections (NDOC) improperly declined to apply statutory credits toward his minimum terms. The district court denied the petition on the merits, as Ware has been convicted of category B felonies he committed after the effective date of NRS 209.4465(8)(d). For those reasons, the NDOC may only apply Ware's statutory credits toward his maximum terms. Therefore, we conclude the district court did not err in denying the petitions and we
On appeal, Ware appears to argue the NDOC has also failed to apply statutory credits to his maximum terms. Ware did not raise this issue before the district court and we decline to consider it in the first instance. See McNelton v. State, 115 Nev. 396, 416, 990 P.2d 1263, 1276 (1999).
Ware was convicted of two separate offenses of driving while under the influence of a controlled substance, category B felonies. See NRS 484C.400(1)(c).
The district court also found Ware has already had a parole hearing for one of his convictions for driving under the influence of a controlled substance. Because parole is an act of grace of the State, the district court properly concluded Ware's parole hearing rendered the challenge to the calculation of his sentence for that conviction moot because the only remedy available would be to order the parole board to conduct a parole hearing. See NRS 213.10705; Williams v. State Dep't of Corr., 133 Nev. ___, ___ n.7, 402 P.3d 1260, 1265 n.7 (2017). --------
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Silver /s/_________, J.
Tao /s/_________, J.
Gibbons cc: Hon. Linda Marie Bell, District Judge
Jimmie Lee Ware
Attorney General/Carson City
Attorney General/Las Vegas
Eighth District Court Clerk