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Hunter v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Dec 27, 2019
No. 78362-COA (Nev. App. Dec. 27, 2019)

Opinion

No. 78362-COA

12-27-2019

EVERETT HUNTER, Appellant, v. THE STATE OF NEVADA, Respondent.


ORDER OF AFFIRMANCE

Everett Hunter appeals from a district court order denying his postconviction petition for a writ of habeas corpus that was filed on November 6, 2018. First Judicial District Court, Carson City; James E. Wilson, Judge.

The petition was filed in the Second Judicial District Court on November 6, 2018, and properly transferred to the First Judicial District Court on February 6, 2019. See NRS 34.738(2). --------

In his petition, Hunter claimed he is being improperly denied the application of credit to his minimum sentence. He asserted that, because he was not convicted of a crime that requires him to serve a mandatory minimum sentence before being eligible for parole, NRS 209.4465(7)(b) does not prohibit application of credit to his minimum sentence. The district court determined that NRS 209.4465(7) only permits credit to be applied if the application of credit is not otherwise prohibited by NRS 209.4465(8). The district court found that Hunter is currently serving concurrent sentences for his convictions for burglary, category B felonies, see NRS 206.060(2), which he committed in March 2015, after the effective date of NRS 209.4465(8). Therefore, the district court concluded NRS 209.4465(8)(d) prohibited the application of credit to the minimum term of Hunter's sentences and denied this claim. The record supports the district court's findings, and we conclude the district court did not err by denying this claim.

Hunter also claimed below that the failure to apply credit to his minimum term constitutes an ex post facto violation. The district court, however, concluded that because Hunter committed his offenses after the effective date of NRS 209.4465(8) there was no ex post facto violation. See Weaver v. Graham, 450 U.S. 24, 29 (1981). We conclude the district court did not err by denying this claim.

We conclude the district court did not err by denying Hunter's petition, and we

ORDER the judgment of the district court AFFIRMED.

/s/_________, C.J.

Gibbons /s/_________, J.
Tao /s/_________, J.
Bulla cc: Hon. James E. Wilson, District Judge

Everett Hunter

Attorney General/Carson City

Carson City Clerk


Summaries of

Hunter v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Dec 27, 2019
No. 78362-COA (Nev. App. Dec. 27, 2019)
Case details for

Hunter v. State

Case Details

Full title:EVERETT HUNTER, Appellant, v. THE STATE OF NEVADA, Respondent.

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Dec 27, 2019

Citations

No. 78362-COA (Nev. App. Dec. 27, 2019)