PAUL DESHAWN BREWTON v. THE STATE OF NEVADA (2025)

ORDER OF AFFIRMANCE

Paul Deshawn Brewton appeals from a district court order denying a postconviction petition for a writ of habeas corpus filed on November 29, 2023.¹ Eighth Judicial District Court, Clark County; Erika D. Ballou, Judge.

In his petition, Brewton sought credit toward his sentence for the period of time he was on probation prior to the revocation of his probation and the imposition of his prison sentence. Brewton failed to identify any authority for his proposition that credits earned while on probation should apply to his prison sentence. Rather, NRS 176A.500(6) provides that statutory credit earned while on probation be applied to reduce the period of probation. Therefore, we conclude the district court did not err by denying Brewton's requested relief.² Accordingly, we

ORDER the judgment of the district court AFFIRMED.

Bulla, C.J.

Gibbons, J.

Westbrook, J.

FOOTNOTES

1.   Brewton's pleading was titled as a “motion for credits on probation.” The district court construed the pleading as a postconviction petition for a writ of habeas corpus challenging the computation of time served.

2.   Brewton did not file a brief on appeal but attached to his notice of appeal a copy of the reply brief he filed below. Brewton did not obtain permission from the court to file this pleading, see NRS 34.750(5), and the district court did not consider it. Therefore, we decline to consider the arguments contained in the reply brief on appeal in the first instance. See State v. Wade, 105 Nev. 206, 209 n.3, 772 P.2d 1291, 1293 n.3 (1989).