Opinion
No. 74171
07-17-2018
GERALD WRISCHNIK, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Gerald Wrischnik appeals from an order of the district court denying the postconviction petition for a writ a habeas corpus filed on December 27, 2016. 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). --------
In his petition, Wrischnik claimed the Nevada Department of Corrections (NDOC) improperly declined to apply his statutory credits toward his minimum term. The district court denied the petition because Wrischnik is serving prison terms for burglary, a category B felony, see NRS 205.060(2), and he committed his crimes in 2016. For those reasons the district court found the NDOC may only apply Wrischnik's statutory credits toward his maximum terms pursuant to NRS 209.4465(8)(d). Given these circumstances, we conclude the district court did not err by denying this claim. Accordingly, we
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
Gerald Wrischnik
Attorney General/Carson City
Attorney General/Las Vegas
Eighth District Court Clerk