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Coleman v. State

Supreme Court of Nevada

March 27, 2014

JOHN COLEMAN, Appellant,
v.
THE STATE OF NEVADA, Respondent

Page 864

Appeal from a district court order denying a post-conviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Linda Marie Bell, Judge.

Affirmed.

Turco & Draskovich, LLP, and Robert M. Draskovich Jr. and Gary A. Modafferi, Las Vegas, for Appellant.

Catherine Cortez Masto, Attorney General, Carson City; Steven B. Wolfson, District Attorney, and Steven S. Owens, Chief Deputy District Attorney, Clark County, for Respondent.

Saitta, J. We concur: Gibbons, C.J. Hardesty, J. Douglas, J. Pickering, J. Parraguirre J. Cherry, J.

OPINION

Page 865

BEFORE THE COURT EN BANC.

SAITTA, J.:

Appellant John Coleman was convicted of lewdness with a child under the age of 14 years and was given a suspended prison sentence and placed on probation. When he completed his period of probation, he was subject to a special sentence of lifetime supervision. Several years after commencing lifetime supervision, Coleman filed a post-conviction petition for a writ of habeas corpus, asking the district court to release him from lifetime supervision or strike the lifetime supervision requirement. The district court denied the petition. In this appeal, we consider whether a person who is serving a special sentence of lifetime supervision may file a post-conviction petition for a writ of habeas corpus to challenge his judgment of conviction or sentence. We conclude that he cannot. Because lifetime supervision commences only after a person has expired a prison term or period of probation or parole, a person who is subject only to lifetime supervision is not subject to an unexpired prison term that could be imposed upon violation of the conditions of that supervision and therefore is no longer under " sentence of death or imprisonment" as required by NRS 34.724(1). Thus, a person who is subject only to lifetime supervision may not file a post-conviction petition for a writ of habeas corpus. We therefore affirm the district court's order denying Coleman's post-conviction petition for a writ of habeas corpus.

FACTS AND PROCEDURAL HISTORY

Coleman pleaded guilty in 2002 to lewdness with a child under the age of 14 years. The district court sentenced him to life in prison with the possibility of parole after 10 years, but the court suspended the sentence and placed him on probation for a term of 5 years. As required by NRS 176.0931, the district court also imposed a special sentence of lifetime supervision to begin upon completion of any term of imprisonment, probation, or parole.

In July 2007, Coleman was discharged from probation and began serving his " sentence" or term of lifetime supervision. Consistent with the authority granted by NRS 213.1243, the Board of Parole Commissioners assigned the conditions of Coleman's lifetime supervision. The conditions apparently included restrictions on where Coleman could reside, his consumption of intoxicants and controlled substances, his possession of weapons and association with certain individuals, his conduct in compliance with all laws, out-of-state travel, contact with any victims or witnesses, obtaining a post office box, contact with minors, and presence in or near certain locations that are frequented by minors.[1] The lifetime supervision agreement also included the conditions required by NRS 213.1243(3)-(5) that further restrict the location of Coleman's residence and his ...


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