MENDOZA v. NEVADA DEPARTMENT OF CORRECTIONS (2020)

ORDER OF AFFIRMANCE

Sophia Marie Mendoza appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Tierra Danielle Jones, Judge.

In her September 5, 2018, petition, Mendoza claimed the Nevada Department of Corrections (NDOC) erroneously failed to apply her statutory credits toward her minimum parole eligibility date. The district court concluded Mendoza was not entitled to relief because she is currently serving a sentence for second-degree murder and was sentenced pursuant to a statute that specified a minimum sentence that must be served before a defendant becomes eligible for parole. See NRS 200.030(5)(a). Because the statute specified a minimum sentence that must be served before Mendoza becomes eligible for parole, NDOC may not apply statutory credits to reduce Mendoza's minimum term for her murder conviction. See Williams v. State Dep't of Corr., 133 Nev. 594, 596, 402 P.3d 1260, 1262 (2017). Based on the record concerning Mendoza's statutory credits, the district court found NDOC appropriately calculated Mendoza's time served and denied the petition. The record 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.