Malone (Barry) v. State ( 2015 )

 conviction on September 1, 2010. Thus, appellant's petition was untimely
filed. See NRS 34.726(1). Appellant did not attempt to demonstrate good
cause for the delay. Although the district court erred in failing to apply
the procedural time bar, we affirm because the district court reached the
correct result in denying the petition. See Wyatt u. State, 86 Nev. 294, 298,
468 P.2d 338, 341 (1970).
Moreover, as a separate and independent ground to deny
relief, we conclude that the record supports the district court's
determination that appellant was not entitled to credit in this case.
Appellant committed the offense in this case while he was on bail in
another case; a person on bail remains in the custody of the State while on
bail, see Woolsey u. State, 111 Nev. 1440, 1443, 906 P.2d 723, 726 (1995),
and thus, NRS 176.055(2)(a) precludes credits in this case. Appellant
received the credit in case C253850, and in entering a plea in this case,
specifically agreed that he would not receive any credit for time served in
this case because it had already been received in case C253850.
Accordingly, we
ORDER the judgment of the district court AFFIRMED.
W. el-SC-7j:
Parraguirre
CSZ
lA .
Douglas Cherry
cc: Hon. David B. Barker, District Judge
Barry Craig Malone
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
SUPREME COURT
OF
NEVADA
2
(0) I947A cle,49