KINCADE v. RUSSELL WSCC (2019)

ORDER OF AFFIRMANCE

This is a pro se appeal from a district court order denying Brandon Lee Kincade's postconviction petition for a writ of habeas corpus.¹ First Judicial District Court, Carson City; James E. Wilson, Judge.

Relying on NRS 209.4465(7)(b) and Williams v. Nevada Department of Corrections, 133 Nev., Adv. Op. 75, 402 P.3d 1260 (2017), Kincade asserted that the credits he earns under NRS 209,4465 must be applied to the minimum term of his sentence, thus advancing the date that he is eligible for parole. The district court disagreed, concluding that Kincade had been convicted of a category B felony (burglary in violation of NRS 205.060) that was committed after the effective date of the 2007 amendments to NRS 209.4465 and therefore NRS 209.4465(8)(d) precludes respondent from applying Kincade's statutory credits to the minimum term of his sentence. Having reviewed the record, we find no error in the district court's decision. See Williams, 133 Nev., Adv. Op. 75, 402 P.3d at 1264 n.6 (noting NRS 209.4465(8)’s limitation on NRS 209.4465(7)(b) for certain offenses committed after the effective date of the 2007 amendments). We therefore

ORDER the judgment of the district court AFFIRMED.

FOOTNOTES

1.   This appeal has been submitted for decision on the record without briefing or oral argument. NRAP 34(f)(3), (g); see also NRAP 31(d)(1); Luckett v. Warden, 91 Nev. 681, 682, 541 P.2d 910, 911 (1975).