Repinec (James) v. State C/W 65054 ( 2014 )


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  •                  Docket No. 65053
    Appellant James Allen Repinec contends that the district
    court erred in its computation of credit for time served. He claims that he
    is entitled to "presentence credit on each case from the time of arrest or
    the filing of a complaint until the first judgment of conviction was
    entered." Repinec was booked on separate charges in two cases, on
    separate dates, and was subsequently sentenced on separate dates for
    each case. While his presentence incarceration for the two cases
    overlapped, Repinec is not entitled to double-count the same time simply
    because he faced two charges. Repinec fails to demonstrate that he was
    entitled to any additional credit.
    Docket No. 65054
    Repinec argues that the district court erred in its computation
    of credit for time served as recorded in an order granting in part his
    motion to correct sentence, filed April 22, 2014. 1 However, the notice of
    appeal indicates that this is an appeal from the "Judgment and Sentence
    that was filed on February 7, 2014." Therefore, this claim is not properly
    raised in this appeal. Further, we conclude that we lack jurisdiction over
    this appeal because Repinec is not an aggrieved party as the second
    amended judgment of conviction, filed February 6, 2014, increased his
    'We note that this order was entered after the notice of appeal was
    filed on February 18, 2014. Therefore, the district court lacked
    jurisdiction to enter the order granting in part Repinec's motion to correct
    sentence. See NRS 177.155; Buffington v. State, 
    110 Nev. 124
    , 126, 
    868 P.2d 643
    , 644 (1994).
    SUPREME COURT
    OF
    NEVADA
    2
    (0) 1947A    e
    •
    credit for time served and awarded him more credit than he sought.   See
    NRS 177.015 (only an aggrieved party in a criminal action may appeal).
    Therefore, this appeal must be dismissed.
    Accordingly, we
    ORDER the second amended judgment of conviction in Docket
    No. 65053 AFFIRMED and the appeal in Docket No. 65054 DISMISSED.
    cee_ictx           ,
    J.
    Hardesty
    dere-IP                                  C kit
    Douglas                                     Cherry
    cc:   Hon. Steve L. Dobrescu, District Judge
    State Public Defender/Ely
    State Public Defender/Carson City
    Attorney General/Carson City
    White Pine County District Attorney
    White Pine County Clerk
    SUPREME COURT
    OF
    NEVADA
    3
    ((J) 1947A    e
    

Document Info

Docket Number: 65053

Filed Date: 11/12/2014

Precedential Status: Non-Precedential

Modified Date: 11/13/2014