Perez v. WardenAnnotate this Case
The Supreme Court affirmed the judgment of the district court denying Appellant's postconviction petition for a writ of habeas corpus, holding that the district court did not err in rejecting Appellant's argument that the credits Appellant earns under Nev. Rev. Stat. 209.4465 must be applied to the minimum term of his enhancement sentence.
In denying Appellant's habeas petition, the district court held that the applicable sentencing statute specified a minimum term that Appellant had to serve before becoming eligible for parole, and therefore, section 209.4465(7)(b) precluded Respondent from applying the statutory credits to the minimum term of Appellant's enhancement sentence. On appeal, Appellant argued that the sentencing statute is silent as to parole eligibility, and therefore, the district court erred. The Supreme Court affirmed, holding that the statute that specified the sentence for Defendant's primary offense of second-degree murder also specified the sentence for the weapon enhancement, and that statute specified a minimum term that Appellant had to serve before becoming eligible for parole.