Opinion
No. 58665.
03-07-2012
Law Office of Betsy Allen Attorney General/Carson City Clark County District Attorney
Law Office of Betsy Allen
Attorney General/Carson City
Clark County District Attorney
ORDER OF AFFIRMANCE
This is an appeal from a judgment of conviction, pursuant to a guilty plea, of burglary. Eighth Judicial District Court, Clark County; Jackie Glass, Judge.
Appellant Leonardo Delis, Jr., contends that the district court erred by denying him an additional 464 days of credit for time served in the Clark County Detention Center before his sentencing in this matter. Delis argues that NRS 176.055(2)(b) does not apply to him because, even though he was serving a term of probation for another offense, he was incarcerated pursuant to the instant offense and did not receive credit for time served. We disagree. Delis' confinement for the instant offense overlapped with the probationary term for his prior offense and NRS 176.055(2)(b) prohibited the district court from crediting Delis for any time served before he was dishonorably discharged from probation, see Gaines v. State, 116 Nev. 359, 364, 998 P.2d 166, 169 (2000) (“The plain and unequivocal language of NRS 176.055(2)(b) prohibits a district court from crediting a ... probationer for time served on a subsequent offense if such offense was committed while on probation.”). Therefore, the district court did not abuse its discretion, and we
ORDER the judgment of conviction AFFIRMED.