MANZANO v. STATE (2020)

ORDER OF AFFIRMANCE

Pablo Manzano appeals from a district court order denying postconviction petitions for a writ of habeas corpus filed on August 14, 2018, and August 16, 2018. Eighth Judicial District Court, Clark County; Nancy L. Allf, Judge.

In his petitions, Manzano claimed that he is being denied work and educational credit that is available under NRS 209.4465(2) because the Nevada Department of Corrections (NDOC) is refusing to provide him educational and/or work opportunities. The district court found that Manzano is not entitled to credit for work he has not performed and he failed to demonstrate he is entitled to any credit beyond the credit that has already been awarded to him. We conclude the district court did not err by denying this claim. See Vickers v. Dzurenda, 134 Nev. 747, 748, 433 P.3d 306, 308 (Ct. App. 2018) (denying similar claim).

Manzano also appeared to argue that NDOC is improperly refusing to apply statutory good time credit earned under NRS 209.4465(1) to his minimum term. The district court found that Manzano was convicted of, and serving his sentences for, attempted sexual assault of a minor under the age of 14 and attempted lewdness with a child under the age of 14, both category B felonies, see NRS 193.330(l)(a)(l); NRS 200.366(3); NRS 201.230(2), for offenses committed in 2015. Therefore, the district court concluded NRS 209.4465(b) and (d) prohibited the application of statutory good time credit to Manzano’s minimum term. The record supports the district court’s findings, and we conclude the district court did not err by denying this claim. Accordingly, we

ORDER the judgment of the district court AFFIRMED.