Director, Nevada Department of Prisons v. Biffath

OPINION

Respondent pled guilty to robbery. NRS 200.380. He was subsequently sentenced to a nine-year term in the Nevada State Prison for the robbery and to an additional, consecutive nine-year term for having used a firearm in the commission of the crime. NRS 193.165. 1

After serving part of his sentence, respondent petitioned the district court for a writ of habeas corpus contending that his two consecutive nine-year terms should be deemed one continuous sentence for purposes of determining his eligibility for parole under NRS 213.120. 2 The district court agreed with respondent and granted…