Piper
v.
State

COURT OF APPEALS OF THE STATE OF NEVADAMay 17, 2017
No. 70820 (Nev. App. May. 17, 2017)

No. 70820

05-17-2017

FERNANDO THOMAS PIPER, Appellant, v. THE STATE OF NEVADA, Respondent.


ORDER OF AFFIRMANCE

Fernando Thomas Piper appeals from an order of the district court dismissing a postconviction petition for a writ of habeas corpus. First Judicial District Court, Carson City; James E. Wilson, 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 April 29, 2016, petition, Piper claimed the Nevada Department of Corrections (NDOC) has improperly declined to apply his statutory credits toward his minimum term. The district court concluded Piper was not entitled to relief because Piper is currently serving a prison term for a category B felony, committed in 2013, and for those reasons, the NDOC may only apply Piper's statutory credits toward his maximum term pursuant to NRS 209.4465(8). Given these circumstances, we conclude the district court did not err in dismissing this claim. Accordingly, we

The record demonstrates Piper was convicted of grand larceny, a category B felony. See NRS 205.222(3). --------

ORDER the judgment of the district court AFFIRMED.

/s/_________, C.J.


Silver

/s/_________, J.


Tao

/s/_________, J.


Gibbons cc: Hon. James E. Wilson, District Judge


Fernando Thomas Piper


Attorney General/Carson City


Carson City District Attorney


Carson City Clerk