Opinion
No. 73707
08-24-2018
TERRANCE HARDISON, Appellant, v. BRIAN WILLIAMS, WARDEN, Respondent.
ORDER OF AFFIRMANCE
Terrance Hardison appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus filed on November 17, 2016. Eighth Judicial District Court, Clark County; Linda Marie Bell, Chief Judge.
This appeal has been submitted for decision without oral argument. NRAP 34(f)(3). --------
Hardison claimed the Nevada Department of Corrections (NDOC) is not applying statutory credits to his minimum sentences pursuant to NRS 209.4465(7)(b). Hardison's claim lacked merit. NRS 209.4465(7) begins, "Except as otherwise provided in subsection[ ] 8," and NRS 209.4465(8)(d) specifically excludes offenders convicted of category B felonies from applying statutory credits to their minimum sentences. Hardison's sentences were for category B felonies, see NRS 200.380(2); NRS 205.067(2), for offenses committed after NRS 209.4465(8)'s effective date. Hardison is therefore not entitled to the application of credits to his minimum sentences.
Hardison contends in his informal brief on appeal that NDOC is failing to credit him the 161 days of time served reflected in his judgment of conviction. Hardison also appears to challenge the validity of the effective date of 2007's A.B. 510. Because these are new arguments not raised below, we decline to consider them on appeal in the first instance. See McNelton v. State, 115 Nev. 396, 416, 990 P.2d 1263, 1276 (1999).
Having concluded Hardison is not entitled to relief, we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Linda Marie Bell, Chief Judge
Terrance Hardison
Attorney General/Carson City
Attorney General/Las Vegas
Clark County District Attorney
Eighth District Court Clerk