Perezv.Williams

COURT OF APPEALS OF THE STATE OF NEVADAJul 9, 2019
No. 76250-COA (Nev. App. Jul. 9, 2019)

No. 76250-COA

07-09-2019

MARTIN TRINIDAD MARISCAL PEREZ, Appellant, v. BRIAN WILLIAMS, WARDEN, Respondent.


ORDER OF AFFIRMANCE

Martin Trinidad Mariscal Perez appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus challenging the computation of time served, filed on December 8, 2017. Eighth Judicial District Court, Clark County; Linda Marie Bell, Chief Judge.

This appeal has been submitted for decision without oral argument. NRAP 34(f)(3). --------

Perez claimed the Nevada Department of Corrections erroneously failed to apply statutory credits to his parole eligibility for a sentence he was serving as a result of his conviction in district court case number A-17-765921-W. In response to an order of this court, the State has demonstrated that Perez had a parole hearing on the only sentence he has to serve. Because a parole hearing was the only relief available to him and no statutory authority or case law permits a retroactive grant of parole, see Niergarth v. Warden, 105 Nev. 26, 29, 768 P.2d 882, 884 (1989), Perez' claim has been rendered moot, see Johnson v. Dir., Nev. Dep't. of Prisons, 105 Nev. 314, 316, 774 P.2d 1047, 1049 (1989). Accordingly, we

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


Martin Trinidad Mariscal Perez


Attorney General/Las Vegas


Eighth District Court Clerk