the State and there is no cause of action when parole has been denied. See
NRS 213.10705; Niergarth v. Warden, 105 Nev. 26, 28, 768 P.2d 882, 883
(1989). Therefore, the district court did not err in denying this claim.
Second, appellant claimed that the Nevada Department of
Corrections incorrectly calculated his parole eligibility date. Appellant
asserted that any credits he earned should be applied to his shorter
sentences and not to his longest sentence, as appellant believed
application of credits to his shorter sentences would allow him the
opportunity for parole at an earlier date. Appellant's claim was without
merit. NRS 213.1213(1) provides that eligibility for parole for a prisoner
sentenced to two or more concurrent sentences is based on the sentence
with the longest term before the prisoner is eligible for parole. Therefore,
appellant's longest sentence is the controlling sentence for purposes of
parole eligibility and appellant failed to demonstrate that the Department
incorrectly applied his credits. Therefore, the district court did not err in
denying this claim.
Having concluded that appellant is not entitled to relief, we
ORDER the judgment of the district court AFFIRMED.
J.
Saitta
SUPREME COURT
OF
NEVADA
2
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cc: Hon. Gary Fairman, District Judge
Julio Smith Parra
Attorney General/Ely
White Pine County Clerk
SUPREME COURT
OF
NEVADA
3
(0) 1947A e