HIGH DESERT STATE PRISON; THE STATE OF NEVADA; AND OFFENDER MANAGEMENT DIVISION, Appellants,
LUIS RICHARD SANCHEZ, Respondent.
from a district court order granting in part a postconviction
petition for a writ of habeas corpus challenging the
computation of time served. Eighth Judicial District Court,
Clark County; Linda Marie Bell, Judge.
D. Ford, Attorney General, and Natasha M. Gebrael, Deputy
Attorney General, Carson City, for Appellants.
Richard Sanchez, Indian Springs, in Pro Se.
HARDESTY, STIGLICH and SILVER, JJ.
209.4465(7)(b) permits the award of good time credit
deductions from an offender's minimum sentence towards
the parole eligibility date for crimes committed on or after
July 17, 1997. In 2007, the Legislature amended NRS 209.4465
to preclude the application of these statutory good time
credits to an offender's parole eligibility when
convicted of certain crimes, including felony sex offenses
and category A or B felonies. As a result, offenders
convicted of the crimes enumerated in NRS 209.4465(8) may
have credits applied to their parole eligibility date if they
committed the crimes prior to the amendment's effective
date of July 1, 2007, while those offenders captured by the
addition of subsection 8 may not.
appeal requires us to determine which version of NRS 209.4465
applies when the offender's criminal conduct began prior
to the effective date of the 2007 amendment and continued
through its enactment. Respondent Luis Sanchez was convicted
of two counts of attempted lewdness with a child under 14-a
crime captured by the addition of subsection 8 to NRS
209.4465-and was alleged to have committed the offenses
between 2006 and 2013. The district court applied the 2003
version of NRS 209.4465, but the State contends this was
error because the attempted lewdness counts were charged as
continuing offenses through 2013. We hold that NRS
209.4465(8) (2007) applies when the charged offense is
continuous in nature. However, because attempted lewdness
with a child under 14 is not a continuing offense, we
conclude the district court properly applied the pre-2007
version of the statute, and we affirm.
AND PROCEDURAL HISTORY
State charged Sanchez with two counts of attempted lewdness
with a child under 14 in violation of NRS 201.230 and NRS
193.330. The information provided that Sanchez committed
these offenses on or between May 8, 2006, and January 31,
2013, but did not otherwise distinguish any specific dates
within this range. Sanchez pleaded guilty to the charged
offenses, and the district court entered a judgment of
conviction and sentenced him to two consecutive terms of 5 to
15 years for his convictions.
Sanchez filed a postconviction petition for a writ of habeas
corpus, arguing that the Nevada Department of Corrections
miscalculated his parole eligibility by failing to properly
apply good time credit to his minimum term of imprisonment.
The district court agreed and granted Sanchez's petition
in part. Specifically, the district court found that NRS
209.4465(7)(b) (2003), pursuant to Williams v.
State, 133 Nev. 594, 402 P.3d 1260 (2017), afforded
Sanchez a good time credit deduction from his parole
eligibility date. The State appeals.
State argues on appeal that the district court erred by
applying the pre-2007 version of NRS 209.4465 because
Sanchez's crime- attempted lewdness with a child under
14-constituted a continuing offense. As such, the State
maintains that the district court should have applied the
version of the statute in effect when the crime ended in
2013. NRS 209.4465(8) (2007), the State
continues, precludes the application of good time credit
against Sanchez's minimum sentence because the crime
Sanchez was convicted of constitutes a category B felony.
review questions of statutory construction de novo.
Jackson v. State, 128 Nev. 598, 603, 291 P.3d 1274,
1277 (2012). NRS 209.4465(7)(b) mandates that credits earned
pursuant to the statute, by an offender who committed a crime
on or after July 17, 1997, must "[a]pply to eligibility
for parole unless the offender was sentenced pursuant to a
statute which specifies a minimum sentence that must be
served before a person becomes eligible for parole." In
2007, the Legislature amended NRS 209.4465 to add subsection
8, which excludes offenders who committed certain offenses
from having statutory credits applied to their minimum terms.
2007 Nev. Stat., ch. 525, § 5, at 3177. Relevant to this
appeal, NRS 209.4465(8)(b) and (d) prohibit offenders
convicted of "[a] sexual offense that is punishable as a
felony" or "[a] category A or B felony,"
respectively, from receiving the benefit of such credits.
where an offender committed a crime that began prior to the
2007 amendment to NRS 209.4465 and ended after the
statute's enactment, the nature of the convicted offense
controls which version of the statute applies. If the nature
of the convicted offense is not continuous, NRS 209.4465