Opinion
No. 67458
06-16-2015
LEROY COLLINS, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 an illegal sentence. Eighth Judicial District Court, Clark County; Douglas Smith, Judge.
This appeal has been submitted for decision without oral argument, NRAP 34(f)(3), and we conclude 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 December 29, 2014, appellant Leroy Collins claimed his sentences for sexual assault were illegal because no minimum term was specified and because the judgment of conviction does not state whether the victim suffered substantial bodily harm. Collins failed to demonstrate his sentence was facially illegal or the district court lacked jurisdiction. See Edwards v. State, 112 Nev. 704, 708, 918 P.2d 321, 324 (1996). Therefore, the district court did not err in denying this claim.
Next, Collins claimed his sentences for burglary and robbery with the use of a deadly weapon were illegally eliminated from his judgment of conviction. This claim was previously raised and rejected by the Nevada Supreme Court. See Collins v. State, Docket No. 57780 (Order of Affirmance, June 14, 2012). The doctrine of law of the case prevents further litigation of this claim and cannot be avoided by a more detailed and precisely focused argument. See Hall v. State, 91 Nev. 314, 315-16, 535 P.2d 797, 798-99 (1975). Therefore, the district court did not err in denying this claim.
Finally, Collins claimed his sentence was illegal because trial counsel was ineffective during the plea bargaining process. Collins' claim fell outside the narrow scope of claims permissible in a motion to correct an illegal sentence. See Edwards, 112 Nev. at 708, 918 P.2d at 324. Therefore, without considering the merits of this claim, we conclude the district court did not err in denying this claim.
Having considered Collins' claims and concluded he is not entitled to relief, we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Silver
cc: Hon. Douglas Smith, District Judge
Leroy Collins
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk