Opinion
No. 71653
10-11-2017
BRIAN A. SANGSTER, Appellant, v. THE STATE OF NEVADA DEPARTMENT OF CORRECTIONS; BRIAN SANDOVAL, GOVERNOR; ADAM P. LAXALT, ATTORNEY GENERAL; JAMES DZURENDA, DIRECTOR N.D.O.C.; AND BRIAN E. WILLIAMS, SR., WARDEN, Respondents.
ORDER OF AFFIRMANCE
Brian A. Sangster appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Linda Marie Bell, 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 June 8, 2016, petition, Sangster claimed the Nevada Department of Corrections (NDOC) improperly declined to apply statutory credits toward his minimum terms. The district court denied the petition as moot because the record demonstrated Sangster had been paroled. Because parole is an act of grace of the State, the district court properly concluded Sangster's parole rendered the challenge to the calculation of his sentence moot because 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 denying the petition and we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Linda Marie Bell, District Judge
Brian A. Sangster
Attorney General/Carson City
Attorney General/Las Vegas
Eighth District Court Clerk