Bellon (Robert) v. Warden

Nevada Supreme Court

Bellon (Robert) v. Warden

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

ROBERT LINZY BELLON, No. 75018 Appellant, vs. BRIAN WILLIAMS, WARDEN, Respondent. NOV 1 5 2018 FlPan-S.i• SROWN CLERK., C;IEME COURT ORDER OF AFFIRMANCE WY S CP C LERK DEPUZY

This is a pro se appeal from a district court• order denying a postconviction petition for a writ of habeas corpus. 1 Eighth Judicial District Court, Clark County; Linda Marie Bell, Judge. Appellant Robert Bellon argues that the district court erred by denying his claim that the Nevada Department of Corrections (NDOC) incorrectly calculated his parole eligibility date. We disagree and therefore affirm. Even though Bellon is serving a sentence of life without the possibility of parole for a first-degree-murder conviction, NRS 213.12135 affords him parole eligibility because he was a juvenile at the time of the offense and the offense resulted in the death of only one victim. In particular, Bellon is eligible for parole on the sentence for the murder after he "has served 20 calendar years of incarceration." NRS 213.12135(1)(b). Interpreting that statute, NDOC appropriately concluded that Bellon was not eligible for parole until he served 20 calendar years on the murder conviction. We reject Bellon's argument that the 20 calendar years he must serve before being eligible for parole under NRS 213.12135(1)(b) includes

'Having considered the pro se brief filed by appellant, 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) 1947A 4ippp, 1 --%43 9 s the time that he served on now-expired sentences for unrelated offenses that also were committed when he was a juvenile. Accordingly, we ORDER the judgment of the district court AFFIRMED.

../VG J. Stiglich

cc: Hon. Linda Marie Bell, Chief Judge Robert Linzy BelIon Attorney General/Carson City Attorney General/Las Vegas Eighth District Court Clerk

SUPREME COURT OF NEVADA 2 (0) I947A The ,

1 111 44, 11 I

Reference

Status
Unpublished