Malone (Barry) v. State

• Court: Nevada Supreme Court
• Decided: September 11, 2015
• Docket: 67311
• Status: Unpublished

Opinion

conviction on September 1, 2010. Thus, appellant's petition was untimely filed. See NRS 34.726(1). Appellant did not attempt to demonstrate good cause for the delay. Although the district court erred in failing to apply the procedural time bar, we affirm because the district court reached the correct result in denying the petition. See Wyatt u. State, 86 Nev. 294, 298, 468 P.2d 338, 341 (1970). Moreover, as a separate and independent ground to deny relief, we conclude that the record supports the district court's determination that appellant was not entitled to credit in this case. Appellant committed the offense in this case while he was on bail in another case; a person on bail remains in the custody of the State while on bail, see Woolsey u. State, 111 Nev. 1440, 1443, 906 P.2d 723, 726 (1995), and thus, NRS 176.055(2)(a) precludes credits in this case. Appellant received the credit in case C253850, and in entering a plea in this case, specifically agreed that he would not receive any credit for time served in this case because it had already been received in case C253850. Accordingly, we ORDER the judgment of the district court AFFIRMED.

W. el-SC-7j: Parraguirre

CSZ lA . Douglas Cherry

cc: Hon. David B. Barker, District Judge Barry Craig Malone Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk SUPREME COURT OF NEVADA 2 (0) I947A cle,49