Opinion
No. 66857
03-17-2015
LAMARK L. BROWN, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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
This is an appeal from an order of the district court denying a motion to correct sentence. Eighth Judicial District Court, Clark County; Kathleen E. Delaney, Judge.
This appeal has been submitted for decision without oral argument, see 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 motion filed on September 26, 2014, appellant asked the district court to correct "an error and or misword or an [sic] misunderstanding" as to the sentencing structure imposed by his judgment of conviction. To the extent that this motion could be construed as a motion to correct an illegal sentence, we conclude that, appellant's claim fell outside the narrow scope of claims permissible in a motion to correct an illegal sentence. See Edwards v. State, 112 Nev. 704 708, 918 P.2d 321, 324 (1996). And to the extent that the motion challenged the computation of time served, appellant's claim must be raised in a post-conviction petition for a writ of habeas corpus filed in the district court in the county in which he is incarcerated. See NRS 34.724(2)(c); NRS 34.738(1). Therefore, without considering the merits of any of the claims raised in the motion, we conclude that the district court did not err in denying the motion, and we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Silver
cc: Hon. Kathleen E. Delaney, District Judge
LaMark L. Brown
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk