De La Hoya (Jorge) v. State

IN THE SUPREME COURT OF THE STATE OF NEVADA

JORGE DE LA HOYA, No. 70810 Appellant, vs.

THE STATE OF NEVADA,

Respondent. FILED

ORDER OF AFFIRMANCE

This is a pro se appeal from a district court order denying appellant's postconviction petition for a writ of habeas corpus. Seventh Judicial District Court, White Pine County; Steve L. Dobrescu, Judge. Appellant challenges the computation of time he has served. We affirm. Appellant first claims that he is entitled to the deduction of statutory good-time credits from both his minimum and maximum terms of imprisonment. He did not raise this argument below, and we decline to consider it on appeal in the first instance. See Davis v. State, 107 Nev. 600, 606, 817 P.2d 1169, 1173 (1991), overruled on other grounds by Means v. State, 120 Nev. 1001, 1012-13, 103 P.3d 25, 33 (2004).

Appellant also claims that the district court clerk failed to transfer his petition to the court that convicted him, pursuant to NRS 34.738(2)(b). Yet appellant insisted throughout the proceedings below that he was challenging only the computation of time he has served in prison and not the validity of his judgment of conviction. As appellant filed his petition in the jurisdiction in which he was incarcerated, he has SUPREME COURT

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(0) 1947A r7 -65/0q not demonstrated that the district court clerk should have transferred his petition. See NRS 34.738(1). Accordingly, appellant's claim lacks merit, and we

ORDER the judgment of the district court AFFIRMED.

"at Hardesty catAA Parraguirre

J. Stiglich cc: Hon. Steve L. Dobrescu, District Judge Jorge De La Hoya

Attorney General/Carson City

White Pine County District Attorney

Attorney General/Ely

White Pine County Clerk

SUPREME COURT

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NEVADA (0) 194Th e

Mead