Braunstein (Steven) v. Warden
Braunstein (Steven) v. Warden
Opinion
IN THE SUPREME COURT OF THE STATE OF NEVADA
STEVEN SAMUEL BRAUNSTEIN, No. 75155 Appellant, vs. DWIGHT NEVEN, WARDEN, HDSP, FILED Respondent. FEB 2 0 2019 EUZABETH A. BROWN CLERK OF SUPREME COURT ay CN DEPUTY
ORDER OF AFFIRMANCE This is a pro se appeal from a district court order denying Steven Samuel Braunstein's postconviction petition for a writ of habeas corpus.' Eighth Judicial District Court, Clark County; Linda Marie Bell, Judge. Braunstein argued that the credits he earns under NRS 209.4465 should be applied to the minimum term of his sentence for the offense of attempted possession of stolen property. See NRS 209.4465(7)(b). The district court denied the petition because Braunstein currently is serving two concurrent sentences of life with the possibility of parole after 20 years and has not yet started to serve the consecutive sentence for the attempted-possession-of-stolen -property conviction. 2 Having reviewed the
'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).
2The Nevada Court of Appeals affirmed the district court order denying an identical petition in which Braunstein argued that the statutory credits should be applied to the minimum term of his life sentences for sexual assault of a minor. Braunstein v. Neuen, Docket No. 72516-COA (Order of Affirmance, March 14, 2018). SUPREME COURT OF NEVADA
RU) /g -0 7 $1/41 (0) 1947A record, we conclude that the district court did not err because Braunstein's challenge to the computation of time served is premature as to a sentence that he has not yet begun to serve. The other grounds asserted in the petition challenged the validity of the judgment of conviction and sentence and were not properly joined in a petition challenging the computation of time served. See NRS 34.738(3). For these reasons, we ORDER the judgment of the district court AFFIRMED.
J. Pickering
at-Stirsa1 549 Parraguirre 6
Cadish cc cc: Hon. Linda Marie Bell, Chief Judge Steven Samuel Braunstein Attorney General/Las Vegas Eighth District Court Clerk
SUPREME COURT OF NEVADA 2 (0) 947A • e :1: I Mthil 'I
Reference
- Status
- Unpublished