GORDON v. BAKER (2020)

ORDER OF AFFIRMANCE

Andray Anthony Gordon appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus. Eleventh Judicial District Court, Pershing County; Jim C. Shirley, Judge.

In his May 15, 2018, petition, Gordon claimed the Nevada Department of Corrections (NDOC) improperly declined to apply statutory credits toward his minimum parole eligibility date. The district court found Gordon had been convicted of attempted murder with the use of a firearm and was sentenced to consecutive terms of 72 to 240 months in prison. The district court found Gordon had already expired his term for the primary offense and his challenge to the computation of that term was therefore moot. See Williams v. State Dep’t of Corr., 133 Nev. 594, 600 n.7, 402 P.3d 1260, 1265 n.7 (2017) (“[N]o relief can be afforded where the offender has already expired the sentence or appeared before the parole board on the sentence.” (internal citation omitted)). In addition, the district court found NDOC had properly applied credits toward the minimum parole eligibility date for the sentence for Gordon’s deadly weapon enhancement, see NRS 209.4465(7)(b), and Gordon was not entitled to additional relief. The record before this court supports the district court’s findings and we conclude the district court did not err by denying the petition. Accordingly, we

ORDER the judgment of the district court AFFIRMED.