Opinion
No. 71776
10-11-2017
DEREK ANTHONY COSTANTINO, Appellant, v. RENEE BAKER, WARDEN, Respondent.
ORDER OF AFFIRMANCE
Derek Anthony Costantino appeals from an order of the district court dismissing a postconviction petition for a writ of habeas corpus. Seventh Judicial District Court, White Pine County; Gary Fairman, Judge.
This appeal has been submitted for decision without oral argument and we conclude the record is sufficient for our review and briefing is unwarranted. NRAP 34(f)(3), (g). --------
In his May 5, 2016, petition, Costantino claimed the Nevada Department of Corrections incorrectly calculated his credits, improperly delaying his parole hearing. The district court dismissed the petition as moot because the record demonstrated Costantino had been paroled. Because parole is an act of grace of the State, the district court properly concluded Costantino's parole rendered the challenge to the calculation of his sentence moot as the only remedy available would be to order the parole board to conduct a hearing. See NRS 213.10705; see also Niergarth v. Warden, 105 Nev. 26, 29, 768 P.2d 882, 884 (1989) (holding that no statutory authority or case law permits a retroactive grant of parole). Therefore, we conclude the district court did not err in dismissing the petition and we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Gary Fairman, District Judge
Derek Anthony Costantino
Attorney General/Carson City
Attorney General/Ely
White Pine County Clerk