Opinion
No. 71035
06-15-2017
AUGUSTINE BRECEDA, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
This is a pro se appeal from an order denying a motion to correct an illegal sentence. Second Judicial District Court, Washoe County; Jerome M. Polaha, Judge.
Having considered the pro se brief filed by appellant, we conclude that a response is not necessary. NRAP 46A(c). This appeal therefore has been submitted for decision based on the pro se brief and the record. See NRAP 34(f)(3).
Appellant argues that his sentence is illegal because the judgment of conviction references two sentence enhancement statutes (NRS 193.165 and NRS 193.167) for counts 6 and 7. Appellant fails to demonstrate that his sentence was facially illegal or that the district court lacked jurisdiction. See Edwards v. State, 112 Nev. 704, 708, 918 P.2d 321, 324 (1996). The judgment of conviction imposed only one enhancement for each count and reference to the two factually applicable enhancement statutes did not render his sentence illegal. Therefore, we conclude that the district court did not err in denying appellant's motion. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
/s/_________, J.
Hardesty
/s/_________, J.
Parraguirre
/s/_________, J.
Stiglich cc: Hon. Jerome M. Polaha, District Judge
Augustine Breceda
Attorney General/Carson City
Washoe County District Attorney
Washoe District Court Clerk