Repinec (James) v. State C/W 65054

 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