Opinion
No. 76854-COA
05-17-2019
RICHARD ANTONIO WILLIAMS, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Richard Antonio Williams appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Linda Marie Bell, Chief Judge.
This appeal has been submitted for decision without oral argument and we conclude the record is sufficient for our review and briefing is unwarranted. NRAP 34(f)(3), (g).
In his December 1, 2017, petition, Williams claimed the Nevada Department of Corrections (NDOC) improperly declined to apply his statutory credits toward his parole eligibility date. Williams' claim lacked merit. NRS 209.4465(7)(b) begins, "Except as otherwise provided in subsection[ ] 8" and NRS 209.4465(8) specifically excludes offenders convicted of violent or category B felonies from applying credits to their minimum sentences. The district court found Williams was serving terms for violent category B felonies committed in 2010, after the effective date of NRS 209.4465(8). For those reasons, the district court found NDOC had properly only applied Williams' credits toward his maximum terms. Given these circumstances, we conclude the district court did not err by denying the petition. Accordingly, we
The record demonstrated Williams was convicted of robbery with the use of a deadly weapon with a victim over the age of 60, two counts of burglary while in possession of a deadly weapon, assault with a deadly weapon, coercion with the use of a deadly weapon, robbery with the use of a deadly weapon, conspiracy to commit robbery, and burglary. See NRS 193.165(1); NRS 193.167(1); NRS 199.480(1); NRS 200.380(2); NRS 200.471(2)(b); NRS 205.060(2), (4); NRS 207.190(2)(a). --------
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Bulla cc: Hon. Linda Marie Bell, Chief Judge
Richard Antonio Williams
Attorney General/Las Vegas
Eighth District Court Clerk