LEROY ROOSEVELT MACK v. THE STATE OF NEVADA (2023)

ORDER OF AFFIRMANCE

Leroy Roosevelt Mack appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus filed on June 30, 2022. Eighth Judicial District Court, Clark County; Erika D. Ballou, Judge.

In his petition, Mack contended that the Nevada Department of Corrections improperly declined to apply his statutory credits toward his minimum parole eligibility date. Mack asserted that he was convicted of a category C felony and was not sentenced pursuant to a statute which specified a minimum sentence that he had to serve before he could become eligible for parole. For those reasons, Mack claimed was entitled to application of credits toward his minimum parole eligibility date.

A person convicted of a felony that involves the use or threat of violence for an offense committed after June 30, 2007, is not entitled to have credits applied to his or her minimum parole eligibility date for that offense. See NRS 209.4465(8)(a). The district court found that Mack was serving a term for a conviction of battery causing substantial bodily harm committed in 2021 and that such a conviction involved the use of violence against the victim. Because Mack was convicted of a felony that involved the use of violence, see NRS 200.481(1)(a), (2)(b), committed after the effective date of NRS 209.4465(8), the district court found that Mack was precluded from the application of credits to his minimum parole eligibility date. These findings are supported by the record. We therefore conclude that the district court did not err by denying the petition. Accordingly, we

ORDER the judgment of the district court AFFIRMED.

Gibbons, C.J.

Bulla, J.

Westbrook, J.