From Casetext: Smarter Legal Research

Birch v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Jan 21, 2015
No. 66630 (Nev. App. Jan. 21, 2015)

Opinion

No. 66630 No. 66631

01-21-2015

BRUCE HARRISON BIRCH, Appellant, v. THE STATE OF NEVADA, Respondent.


An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.

ORDER OF AFFIRMANCE

These are appeals from orders of the district court denying motions to correct an illegal sentence. Second Judicial District Court, Washoe County; Patrick Flanagan, Judge. We have elected to consolidate these cases pursuant to NRAP 3(b).

These appeals have been submitted for decision without oral argument, NRAP 34(f)(3), and we conclude that the record is sufficient for our review and briefing is unwarranted. See Luckett v. Warden, 91 Nev. 681, 682, 541 P.2d 910, 911 (1975).

In his motions filed on March 26, 2014, appellant claimed that his sentences were facially illegal and the district court was without jurisdiction to sentence him because the district court judge failed to post a bond and because the laws reproduced in the Nevada Revised Statutes do not contain enacting clauses. Appellant failed to demonstrate that his sentences were facially illegal or that the district court lacked jurisdiction. See Edwards v. State, 112 Nev. 704, 708, 918 P.2d 321, 324 (1996). These claims failed to implicate the jurisdiction of the district court. See Nev. Const. art. 6, § 6; NRS 171.010. Therefore, we conclude that the district court did not err in denying the motions, and we

ORDER the judgments of the district court AFFIRMED.

/s/_________, C.J.

Gibbons

/s/_________, J.

Tao

/s/_________, J.

Silver
cc: Hon. Patrick Flanagan, District Judge

Bruce Harrison Birch

Attorney General/Carson City

Washoe County District Attorney

Washoe District Court Clerk


Summaries of

Birch v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Jan 21, 2015
No. 66630 (Nev. App. Jan. 21, 2015)
Case details for

Birch v. State

Case Details

Full title:BRUCE HARRISON BIRCH, Appellant, v. THE STATE OF NEVADA, Respondent.

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Jan 21, 2015

Citations

No. 66630 (Nev. App. Jan. 21, 2015)