IN THE SUPREME COURT OF THE STATE OF NEVADA

RALPH DYNELL FULLER, No. 71237 Appellant, vs. BRIAN WILLIAMS, WARDEN; THE STATE OF NEVADA DEPARTMENT FILED OF CORRECTIONS; AND THE STATE JUN 1 5 2017 OF NEVADA, EUZABETH A. BROWN Respondents. CLERK OF SUPREME COURT 5.a046,Aer____ "'Ye CLL:FFH ORDER OF AFFIRMANCE This is a pro se appeal from a district court order denying appellant Ralph Fuller's May 4, 2016, postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Linda Marie Bell, Judge. Fuller challenged the computation of time he has served. We affirm.' Fuller claimed that he is entitled to the deduction of statutory credits from his minimum sentences. Fuller's claim lacks merit. NRS 209.4465(7), which provides for the sought-after deductions, begins, "[e]xcept as otherwise provided in subsection[] 8," and NRS 209.4465(8) specifically excludes offenders convicted of category B felonies from deducting statutory credits from their minimum sentences. Fuller was convicted of a category B felony, see NRS 200.080, for an offense committed after NRS 209.4465(8)'s effective date. Accordingly, Fuller is not entitled to the deduction of credits from his minimum sentences.

'This appeal has been submitted for decision on the record without briefing or oral argument. NRAP 34(0(3), (g); see also NRAP 31(d)(1); Luckett V. Warden, 91 Nev. 681, 682, 541 P.2d 910, 911 (1975).

SUPREME COURT OF NEVADA (0) I 947A 17- Fuller also claimed that the application of NRS 209.4465(8) violates the Ex Post Facto Clause. Fuller's claim lacks merit. A requirement for an Ex Post Facto Clause violation is that the statute applies to events occurring before it was enacted. Weaver v. Graham, 450 U.S. 24, 29 (1981). As NRS 209.4465(8) was enacted more than a year before Fuller's crime, its application thus does not violate the Ex Post Facto Clause.

Having concluded Fuller's claims lack merit, we ORDER the judgment of the district court AFFIRMED.

/--SietA te J.

Harty

Parraguirre

elegAgiveu.se , J.

cc: Hon. Linda Marie Bell, District Judge Ralph Dynell Fuller Attorney General/Carson City Attorney General/Las Vegas Clark County District Attorney Eighth District Court Clerk

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