IN THE SUPREME COURT OF THE STATE OF NEVADA

MICHAEL STEVEN FRENCH, No. 71595 Appellant, vs. HAROLD WICKHAM, WARDEN, WARM FILED SPRINGS CORRECTIONAL CENTER, NOV 0 3 2017 Respondent. ERASE-Pik BROWN CLERK OF STREME COURT 6\ BY DEPUTYgitVLKM Ci ‘er ORDER VACATING AND REMANDING This is a pro se appeal from a district court order dismissing a postconviction petition for a writ of habeas corpus. First Judicial District Court, Carson City; James Todd Russell, Judge.

Appellant Michael Steven French 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 French'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). 1 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. It appears that all of French's sentences were imposed pursuant to such a statute for offenses committed on or between July 17, 1997, and June 30, 2007. See NRS 193.165 (1995) (providing sentence for weapon enhancement based on sentence imposed for primary

'Having considered French'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).

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17- 377 SS offense); NRS 193.330(1)(a)(2) (setting forth sentencing range for attempt to commit a category B felony); NRS 200.380(2) (setting forth sentencing range for robbery); NRS 205.060 (setting forth sentencing range for burglary). Although the record does not indicate which sentence French is serving at this time, consistent with Williams, the credits that he 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.

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Hardesty

11,0ar Parraguirre

cc: Hon. James Todd Russell, District Judge Michael Steven French Attorney General/Carson City Carson City Clerk

2 The court cannot grant any relief on sentences that French has already expired or on which he has already appeared before the parole board. Williams, 133 Nev., Adv. Op. 75 at 10 n.7. It is unclear from the record whether French has discharged any of his sentences or appeared before the parole board on his current sentence. The district court may consider any evidence in that respect on remand.

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