THOMAS v. DEPARTMENT OF CORRECTIONS (2020)

ORDER OF AFFIRMANCE

In her January 14, 2019, petition, Thomas claimed she is entitled now to the application of credits to the minimum terms of a sentence she has not yet begun to serve.¹ A petitioner is entitled to the application of statutory credits pursuant to NRS 209.4465 “[f]or the period the offender is actually incarcerated pursuant to ․ her sentence.” NRS 209.4465(1)(a); accord Williams v. State Dep't of Corr., 133 Nev. 594, 601, 402 P.3d 1260, 1266 (2017) (concluding the petitioner was entitled to the application of credits to “any sentence she is currently serving”). Because Thomas is not currently serving the sentence for which she is seeking the application of credits, she is not yet entitled to the application of credits to that sentence. Therefore, we conclude the district court did not err by denying the petition. Accordingly, we

ORDER the judgment of the district court AFFIRMED.²

FOOTNOTES

1.   Thomas is currently serving a sentence for second-degree murder with the use of a deadly weapon. When she is paroled from that sentence, she will begin to serve her sentence for robbery with the use of a deadly weapon.

2.   Thomas committed her crimes in 2006. The district court correctly determined that Thomas will be entitled to the application of credits to her robbery sentence once she begins to serve it. See NRS 200.380(2); NRS 209.4465(7)(b) (2003); Williams, 133 Nev. at 597-600, 402 P.3d at 1262-65.