IN THE SUPREME COURT OF THE STATE OF NEVADA

ALAN SCOTT HANES, No. 71202 Appellant, vs. JAMES DZURENDA, DIRECTOR, NDOC; AND HAROLD WICKHAN1, FILED WARDEN, WSCC, Respondents.

OCT 3 0 2017 ELIZABETH A. BROWN CLERK QE §UPREME COURT BY 5.y 0-41.4,61, DEPUTY CLERK()

ORDER VACATING AND REMANDING This is a pro se appeal from a district court order denying a postconviction petition for a writ of habeas corpus.' First Judicial District Court, Carson City; James Todd Russell, Judge.

Appellant Alan Scott Hanes suggested that he was entitled to work credits pursuant to NRS 209.4465(2) because he was ready and willing to work. Because NRS 209.4465(2) requires prisoners to perform work to earn the credits and Hanes did not allege that he performed any work that would entitle him to those credits, we conclude that he is not entitled to relief on this claim.

Hanes also argued that the credits he has earned pursuant to NRS 209.4465 must be applied to his parole eligibility as provided in NRS 209.4465(7)(b) (1997). In rejecting Hanes' claim, the district court did not have the benefit of our recent decision in Williams v. State, 133 Nev., Adv.

Op. 75, P.3d (2017). There, we held that credits apply to parole

'This appeal has been submitted for decision on the record without briefing or oral argument. NRAP 340)(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) 1947A /7-37ocig eligibility as provided in NRS 209.4465(7)(b) (1997) where the offender was sentenced pursuant to a statute that requires a minimum term of not less than a set number of years but does not expressly mention parole eligibility.

Hanes is serving sentences pursuant to such a statute, for the weapon enhancements related to two robberies committed on or between July 17, 1997, and June 30, 2007. See NRS 193.165 (1995) (providing sentence for weapon enhancement based on sentence for primary offense); NRS 200.380 (setting forth sentencing range for robbery). Consistent with Williams, the credits that Hanes has earned pursuant to NRS 209.4465 should be applied to his parole eligibility for the sentences he is serving. The district court erred in ruling to the contrary. 2 We therefore ORDER the judgment of the district court VACATED AND REMAND this matter for the district court to reconsider its decision in light of Williams.

A Hardesty cc-t j.

J.

Stiglich

2 If Hanes has already expired the sentence or appeared before the parole board on the sentence, then the court cannot grant any relief.

Williams, 133 Nev., Adv. Op. 75 at 10 n.7. As such, the district court cannot grant any relief on Hanes' sentences for robbery because he already discharged or was paroled from those sentences. It is unclear from the record whether Hanes has appeared before the parole board on the enhancement sentences. The district court may consider any evidence in that respect on remand.

SUPREME COURT OF NEVADA

(0) 1947A cc: Hon. James Todd Russell, District Judge Alan Scott Hanes Attorney General/Carson City Carson City District Attorney Carson City Clerk

SUPREME COURT OF NEVADA

(0) 1947A