ESCOBAR v. STATE (2020)

ORDER OF AFFIRMANCE

Ramses Antonio Escobar appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus filed on June 19, 2018. Eighth Judicial District Court, Clark County; Linda Marie Bell, Chief Judge.

Escobar first claimed the Nevada Department of Corrections (NDOC) failed to properly calculate and apply his statutory good time, labor, and study credits to his maximum sentence. The district court's finding that credits were properly applied is supported by the record on appeal. The record demonstrates good time credits were applied, minus deductions for prison disciplinary actions. Labor credits were applied except when Escobar did not perform labor. And his claim that he was entitled to study or other meritorious credits did not allege specific facts that are not belied by the record and, if true, would entitle him to relief. We therefore conclude the district court did not err by denying these claims. See Vickers v. Dzurenda, 134 Nev. 747, 748, 433 P.3d 306, 308 (Ct. App. 2018); Rippo v. State, 134 Nev. 411, 426, 423 P.3d 1084, 1100 (2018).

Escobar also claimed NDOC failed to apply the 388 days of presentence credit to which he was entitled. The district court's finding that NDOC applied this credit is supported by the record. We therefore conclude the district court did not err by denying this claim. Accordingly, we

ORDER the judgment of the district court AFFIRMED.