Gibson (Ronald) v. State

Nevada Supreme Court

Gibson (Ronald) v. State

Opinion

expired, he was given 22 days' credit for presentence confinement. He argues that he is entitled to additional presentence credit from March 18, 2009, when A.M. first denied to authorities that appellant had sexually abused her—less the 22 days credited to him (totaling 1,323 days)— because "he could not control when [the charges involving A.M.] would be filed against him and could not control when he would expire his first sentence [for the conviction involving A.S.]." He reasons that A.M.'s initial denial of sexual abuse resulted in the two cases being resolved at separate times and that "the entire process would have been vastly different in every way from the decision to go to trial or negotiate the potential sentence" had the cases been prosecuted simultaneously. And because he has not committed a new offense while in custody, appellant argues, "fairness requires that [he] receive credit for the time he was deprived of his liberty, even if in custody on another offense."

Because the additional presentence credit appellant sought concerned confinement pursuant to a judgment of conviction for another offense, he was not entitled to additional credit. See NRS 176.055(1) (providing that the district court may order presentence credit for confinement "for the amount of time which the defendant has actually spent in confinement before conviction, unless the defendant's confinement was pursuant to a judgment of conviction for another offense"). And appellant has provided no legal authority supporting his

2

contention that he is entitled to additional presentence credit under the

circumstances presented here. Accordingly, we

ORDER the judgment of conviction AFFIRMED."

,J.

Hardesty

J.

Varraguirre 1/4) Cherry

cc: Hon. Michael Villani, District Judge

Clark County Public Defender

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk

'Despite counsel's verification that the fast track response complies

with the formatting requirements of NRAP 32(a)(4), the fast track

response does not comply because it is not double-spaced. See NRAP

3C(h)(1). We caution respondent's counsel that future failure to comply

with the Nevada Rules of Appellate Procedure when filing briefs with this

court may result in the imposition of sanctions. See NRAP 3C(n); NRAP

28.2(b). SUPREME COURT

OF

NEVADA

3 (0) 1947A

Reference

Status
Unpublished