HERRERA v. STATE (2020)

Court of Appeals of Nevada.

Luis Fermin HERRERA, Appellant, v. The STATE of Nevada; the State of Nevada Department of Corrections; and Brian Williams, Warden, Respondents.

No. 78345-COA

Decided: January 30, 2020

Luis Fermin Herrera Attorney General/Carson City Attorney General/Las Vegas

ORDER OF AFFIRMANCE

Luis Fermin Herrera appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus filed on August 7, 2018. Eighth Judicial District Court, Clark County; Linda Marie Bell, Chief Judge.

Herrera claimed he is entitled to the application of statutory credits to his minimum sentence. The district court found Herrera has either already discharged or been to the parole board for each of his sentences and, accordingly, Herrera’s claim was moot. See Williams v, State Dep’t of Corr., 133 Nev. 594, 600 n.7, 402 P.3d 1260, 1265 n.7 (2017). These findings are supported by the record. We therefore conclude the district court did not err by denying this claim, and we

ORDER the judgment of the district court AFFIRMED.

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