Nieto v. State

OPINION

This is an appeal from an order of the district court denying appellant Joshua I. Nieto’s motion for additional credit for time served in presentence confinement.

On November 2, 2001, Nieto was convicted, pursuant to a guilty plea, of one count of attempted murder. The district court sentenced Nieto to serve a prison term of 60-180 months, and ordered him to pay restitution and extradition fees. Nieto' was given credit for 146 days time served. Nieto did not pursue a direct appeal from the judgment of conviction.

On June 5, 2002, with the assistance of counsel, Nieto filed a motion in…