Nevada Department of Prisons v. Bowen

OPINION

This is an appeal from an order of the district court granting respondent’s post-conviction petition for a writ of habeas corpus, and ordering respondent’s immediate release from prison. We affirm.

The facts are not disputed. On June 29, 1979, respondent was convicted of one count of robbery with the use of a deadly weapon. Respondent was sentenced to two consecutive seven-year prison terms; seven years for the robbery and seven years for the use of a deadly weapon. See NRS 200.380; NRS 193.165. The State Board Parole Commissioners (“parole board”) treated respondent’s sentences as two…