Opinion
No. 77922-COA
08-14-2019
LUKE MARTIN SPREADBOROUGH, Appellant, v. THE STATE OF NEVADA; THE STATE OF NEVADA DEPARTMENT OF CORRECTIONS; AND WARDEN JO GENTRY SDCC, Respondents.
ORDER OF AFFIRMANCE
Luke Martin Spreadborough appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus filed on February 8, 2018. Eighth Judicial District Court, Clark County; Linda Marie Bell, Chief Judge.
This appeal has been submitted for decision without oral argument. NRAP 34(f)(3).
Spreadborough asserts the district court erred by denying his claim that the Nevada Department of Corrections (NDOC) was improperly declining to apply his statutory credits toward his minimum term. The district court found Spreadborough had been convicted of category B felonies for crimes committed in 2014 and, therefore, was not entitled to have his statutory credits applied to his minimum term. Substantial evidence supports the district court's findings, and we conclude the district court did not err by denying this claim. See NRS 209.4465(8)(d).
Spreadborough was convicted of eluding a police officer, driving under the influence, felon in possession of a firearm, and discharging a weapon out of a motor vehicle. See NRS 202.287(1)(b), NRS 202.360(1), NRS 484B.550(3), NRS 484C.410(1)(a).
Spreadborough also claims the district court erred by denying his claim that NDOC's failure to apply his statutory credits to his minimum term violated the Equal Protection Clause. We conclude the district court did not err by denying this claim. See Vickers v. Dzurenda, 134 Nev. Adv. Op. 91, *8, 433 P.3d 306, 310 (Ct. App. 2018) (rejecting similar claim).
Finally, to the extent Spreadborough claims that NDOC's failure apply his statutory credits to his minimum term was an ex post facto violation, this claim was not raised below, and we decline to consider it for the first time on appeal. See McNelton v. State, 115 Nev. 396, 416, 990 P.2d 1263, 1276 (1999). Accordingly, we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Bulla cc: Hon. Linda Marie Bell, Chief Judge
Luke Martin Spreadborough
Attorney General/Las Vegas
Eighth District Court Clerk