Opinion
No. 76684-COA
05-15-2019
ENRIQUE BANUELOS, Appellant, v. RENEE BAKER, WARDEN, Respondent.
ORDER OF AFFIRMANCE
Enrique Banuelos appeals from a district court order denying a postconviction petition for a writ of habeas corpus filed on June 11, 2018. Eleventh Judicial District Court, Pershing County; Jim C. Shirley, Judge.
This appeal has been submitted for decision without oral argument. NRAP 34(f)(3). --------
Banuelos claims the Nevada Department of Corrections has violated his Fourteenth Amendment right to equal protection of the law by refusing to apply statutory credits he has earned to his minimum sentence based on the date he committed his crime. To this end, he argues that he is situated similarly to the inmates in Demosthenes v. Williams, 97 Nev. 611, 637 P.2d 1203 (1981), and he should be allowed to have his statutory credits applied to his minimum sentence just as they were.
We conclude Banuelos' equal protection claim lacks merit because "the disparate application of statutory credits to parole eligibility based on when an offender committed an offense is rationally related to a legitimate governmental interest and thus does not offend the Equal Protection Clauses of the United States and Nevada Constitutions." Vickers v. Dzurenda, 134 Nev., Adv. Op. 91, *8-9, 433 Nev. 306, 310 (Ct. App. 2018). Accordingly, we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Bulla cc: Hon. Jim C. Shirley, District Judge
Enrique Banuelos
Attorney General/Carson City
Pershing County Clerk