IN THE SUPREME COURT OF THE STATE OF NEVADA

DARREN A. LUNFORD, No. 72447 Appellant, vs. ISIDRO BACA, WARDEN, ALE Respondent. NOV 0 3 2017 ELIZA.BETH & 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. 1 First Judicial District Court, Carson City; James E. Wilson, Judge.

Appellant Darren Lunford 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 Lunford's 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 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. Lunford is serving a sentence pursuant to such a statute for a robbery committed on or between July 17, 1997, and June 30, 2007. 2

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

2 Lunford was convicted of two counts of robbery with the use of a deadly weapon and received four consecutive prison sentences. According SUPREME COURT OF NEVADA (0) 1947A 0 - 3 78110 Mina See NRS 200.380(2) (setting forth sentencing range for robbery). Consistent with Williams, the credits that Lunford 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. 3 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.

i „& Hardesty

1:203tr P.2.-k-cagt,.71i2.21401 Stiglich , J.

cc: Hon. James E. Wilson, District Judge Darren A. Lunford Attorney General/Carson City Carson City Clerk

to the petition filed below, he has discharged two of the sentences and is serving the third sentence.

3 The court cannot grant relief as to the sentences that Lunford has discharged. Williams, 133 Nev., Adv. Op. 75 at 10 n.7. Similarly, the court cannot grant relief if Lunford has appeared before the parole board on the sentence that he is serving at this time. It is unclear from the record before this court whether Lunford has appeared before the parole board on that sentence. The district court may consider any evidence in that respect on remand.

SUPREME COURT OF NEVADA

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