Buchspics (Aaron) v. Warden

Nevada Supreme Court

Buchspics (Aaron) v. Warden

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

AARON DANIEL BUCHSPICS, No. 76056 Appellant, vs. PERRY RUSSELL, WARDEN, WSCC, Respondent. HUED FEB Z 0 2019 ELT,CE1 CLERK OF PREP C ant BY ; ,4L-- DEPUT( CLL RK

ORDER OF AFFIRMANCE This is a pro se appeal from a district court appeal denying Aaron Daniel Buchspics' postconviction petition for a writ of habeas corpus.' First Judicial District Court, Carson City; James E. Wilson, Judge. Buchspics 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 Buchspics had been convicted of a category B felony (burglary) that was committed after the effective date of the 2007 amendments to NRS 209.4465 and therefore NRS 209.4465(8)(d) precludes respondent from applying Buchspics' 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(f)(3), (g); see also NRAP 31(d)(1); Luckett v. Warden, 91 Nev. 681, 682, 541 P.2d 910, 911 (1975). SUPREME COURT OF NEVADA

(0) 1947A e 19 - 0 719 r la !F: ULU MI 402 P.31 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.

Pleht tt J. Pickering

Parraguirre aar

. J. Cadish

cc: Hon. James E. Wilson, District Judge Aaron Daniel Buchspics Attorney General/Carson City Carson City Clerk

SUPREME COURT OF NEVADA 2 tO) 1g47A

MilBri • ITS

Reference

Status
Unpublished