IN THE SUPREME COURT OF THE STATE OF NEVADA

MARION ANDERSON, No. 71323 Appellant, vs. JAMES DZURENDA, DIRECTOR, NDOC; AND HAROLD WICKHAM, FILED WARDEN, WSCC, NOV 0 1 2017 Respondents. ELIZABETH A. BROWN CLERK OF SUPREME COURT BY • 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 E. Wilson, Judge.

Appellant Marion Anderson argues 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 Anderson's claim, the district court did not have the benefit of our recent decision in Williams a State, 133 Nev., Adv. Op. 75, P.3d (2017).' There, we held that credits apply to parole 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. Anderson is serving a sentence pursuant to such a statute for the weapon enhancement related to a robbery committed on or between July 17, 1997, and June 30, 2007. See NRS 193.165 (1995)

'Having considered Anderson's pro se brief and given our decision in Williams, we conclude that a response is not necessary. NRAP 46A(c) This appeal therefore has been submitted for decision based on the pro se brief and the record. See NRAP 34(0(3).

SUPREME COURT OF NEVADA (0) I947A .9.04r7 17-373V1 (providing sentence for weapon enhancement based on sentence for primary offense); NRS 200.380(2) (providing sentencing range for robbery).

Consistent with Williams, the credits that Anderson has earned pursuant to NRS 209.4465 should be applied to his parole eligibility for the sentence 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.

, J.

Hardesty

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Parraguirre 4441.412 Stiglich J.

cc: Hon. James E. Wilson, District Judge Marion Anderson Attorney General/Carson City Carson City Clerk

2 If Anderson 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. Thus, the court cannot grant any relief as to the sentence for robbery because Anderson has discharged that sentence. It is unclear from the record whether Anderson has appeared before the parole board on the enhancement sentence. The district court may consider any evidence in that respect on remand.

SUPREME COURT OF NEVADA

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