IN THE SUPREME COURT OF THE STATE OF NEVADA

ISIDRO BACA, WARDEN, No. 72518 Appellant, vs. JAMAA ANTHONY CINQUE, FILE Respondent. NOV 0 3 2017 El D'ABETH A. BROWN CLERK OF °UPRENIE COURT BY • DEPUTY CLERK ORDER OF AFFIRMANCE This is an appeal from a district court order granting a postconviction petition for a writ of habeas corpus. First Judicial District Court, Carson City; James E. Wilson, Judge.

Appellant argues that the district court erred in concluding that the credits respondent Jamaa Anthony Cinque has earned pursuant to NRS 209.4465 should be applied to his parole eligibility for the sentence he is serving consistent with NRS 209.4465(7)(b) (1997). Based on our recent decision in Williams v. State, 133 Nev., Adv. Op. 75, P.3d (2017), we disagree. In Williams, 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. Cinque is serving an aggregate sentence pursuant to such a statute for three burglaries committed on or between July 17, 1997, and June 30, 2007. 1 See

'The record indicates that Cinque was sentenced for another burglary as a habitual criminal under NRS 207.010(1)(a) but that he has discharged the sentence for that offense.

SUPREME COURT OF NEVADA NRS 205.060(2). The district court's decision therefore is consistent with Williams. See also NRS 213.1212 (addressing parole eligibility where sentences have been aggregated). Accordingly, we ORDER the judgment of the district court AFFIRMED. 2

/ A ' J.

Hardesty

___,A1 . Ci..0 _, J. dMip_____ -941skelicarasalarr Parraguirre Stiglich

cc: Hon. James E. Wilson, District Judge Attorney GeneraUCarson City Attorney General/Las Vegas Jamaa Anthony Cinque Carson City Clerk

2 We deny as moot the pending motion for stay and motion to strike the motion for stay.

SUPREME COURT OF NEVADA

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