Edwards, Jr. (Henry) v. State

IN THE SUPREME COURT OF THE STATE OF NEVADA

HENRY FLOYD EDWARDS, JR., No. 75950 Appellant,

VS.

THE STATE OF NEVADA; NEVADA

DEPARTMENT OF CORRECTIONS;

AND JAMES DZURENDA, DIRECTOR,

FILED Respondents. FEB 2 0 2019 ELIZABETH A. BROWN CLERK OF 5UPfiEME COURT BY • DEPUTY CLERK

ORDER OF AFFIRMANCE

This is a pro so appeal from a district court order denying Henry Floyd Edwards' postconviction petition for a writ of habeas corpus.' First Judicial District Court, Carson City; James E. Wilson, Judge.

Relying on NRS 209.4465(7)(b), Edwards asserted that the credits he earns under NRS 209.4465 must be applied to the minimum term of his sentence, thus advancing the date that he is eligible for parole. The district court disagreed, concluding that Edwards had been convicted of a category B felony (trafficking a controlled substance in violation of NRS 453.3385(2)) that was committed after the effective date of the 2007 amendments to NRS 209.4465 and therefore NRS 209.4465(8)(d) precludes respondents from applying Edwards' statutory credits to the minimum term of his sentence. Having reviewed the record, we find no error in the district court's decision. See Williams v. Nev., Dep't of Corr., 133 Nev., Adv. Op. 75,

'This appeal has been submitted for decision on the record without briefing or oral argument. NRAP 34(0(3), (g); see also NRAP 31(d)(1); Luckett v. Warden, 91 Nev. 681, 682, 541 P.2d 910, 911 (1975).

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(0) 194Th ongs 402 P.3d 1260, 1264 n.6 (2017) (noting NRS 209.4465(8)'s limitation on NRS 209.4465(7)(b) for certain offenses committed after the effective date of the 2007 amendments). We therefore

ORDER the judgment of the district court AFFIRMED.

J. Pickering

Parrdguirre

J. Cadish cc: Hon. James E. Wilson, District Judge

Henry Floyd Edwards, Jr.

Attorney GeneraUCarson City

Carson City District Attorney

Carson City Clerk

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