Orellana v. Baker, 110519 NVCA, 78262-COA

Docket Nº:78262-COA
Party Name:MANUEL D. ORELLANA, Appellant, v. RENEE BAKER, WARDEN, Respondent.
Judge Panel:Gibbons, C.J. Tao, J., Bulla, J. Hon. Jim C. Shirley, District Judge.
Case Date:November 05, 2019
Court:Court of Appeals of Nevada
 
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MANUEL D. ORELLANA, Appellant,

v.

RENEE BAKER, WARDEN, Respondent.

No. 78262-COA

Court of Appeals of Nevada

November 5, 2019

UNPUBLISHED OPINION

ORDER OF AFFIRMANCE

Gibbons, C.J.

Manuel D. Orellana appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus. Eleventh Judicial District Court, Pershing County; Jim C. Shirley, Judge.

In his September 19, 2018, petition, Orellana first argued the Nevada Department of Corrections (NDOC) improperly refused to apply statutory credits toward his minimum parole eligibility date. Orellana was sentenced pursuant to a statute that specified a minimum term that must be served before a defendant becomes eligible for parole. See NRS 201.230(2) (2005). Because the relevant statute specified a minimum sentence that Orellana must serve before he is eligible for parole, the district court properly found, pursuant to NRS 209.4465(7)(b), NDOC may not apply statutory credits to reduce Orellana's minimum term for those sentences. See Williams v. State Dep't of Corr., 133 Nev. 594, 596-97, 402 P.3d 1260, 1262 (2017). Therefore, the district court did not err by denying this claim.

Second, Orellana appeared to claim the application of NRS 209.4465(7)(b) violates the Ex Post Facto Clause. However, because Orellana committed his crime after NRS 209.4465(7)(b)...

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