DocketNumber: 65076
Filed Date: 6/12/2014
Status: Non-Precedential
Modified Date: 10/30/2014
the State and there is no cause of action when parole has been denied. See NRS 213.10705; Niergarth v. Warden,105 Nev. 26
, 28,768 P.2d 882
, 883 (1989). Therefore, the district court did not err in denying this claim. Second, appellant claimed that the Nevada Department of Corrections incorrectly calculated his parole eligibility date. Appellant asserted that any credits he earned should be applied to his shorter sentences and not to his longest sentence, as appellant believed application of credits to his shorter sentences would allow him the opportunity for parole at an earlier date. Appellant's claim was without merit. NRS 213.1213(1) provides that eligibility for parole for a prisoner sentenced to two or more concurrent sentences is based on the sentence with the longest term before the prisoner is eligible for parole. Therefore, appellant's longest sentence is the controlling sentence for purposes of parole eligibility and appellant failed to demonstrate that the Department incorrectly applied his credits. Therefore, the district court did not err in denying this claim. Having concluded that appellant is not entitled to relief, we ORDER the judgment of the district court AFFIRMED. J. Saitta SUPREME COURT OF NEVADA 2 (0) 1947A e cc: Hon. Gary Fairman, District Judge Julio Smith Parra Attorney General/Ely White Pine County Clerk SUPREME COURT OF NEVADA 3 (0) 1947A e