Walker (Brian) v. State

Opinion

sentence. Appellant failed to demonstrate an impediment external that prevented him from filing this claim in a timely petition. See Hathaway v. State, 119 Nev. 248, 252, 71 P.3d 503, 506 (2003). Appellant also failed to demonstrate actual prejudice because his claim lacked merit. Appellant was not entitled to have the credit applied to each consecutive term of imprisonment imposed in the judgment of conviction; the credits were properly applied to the ultimate sentence imposed in this case. See NRS 176.055(1); Kuykendall v. State, 112 Nev. 1285, 1287, 926 P.2d 781, 783 (1996). Therefore, we conclude that the district court did not err in denying the petition, and we ORDER the judgment of the district court AFFIRMED.

Hardesty

J. Cherry

cc: Hon. Valerie Adair, District Judge Brian Troy Walker Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

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