Opinion
No. 76154-COA
03-14-2019
GLENN DARNELL DEAN, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Glenn Darnell Dean appeals from a district court order denying a motion to modify and/or correct an illegal sentence filed on April 23, 2018. Eighth Judicial District Court, Clark County; Kathleen E. Delaney, Judge.
This appeal has been submitted for decision without oral argument. NRAP 34(f)(3). --------
Dean claimed his sentences should be set aside because the sentencing judge based them on his own personal feelings about Dean and failed to articulate findings for each sentencing factor enumerated in NRS 193.165(1). Dean's claims fell outside the narrow scope of claims permissible in a motion to modify or correct an illegal sentence. See Edwards v. State, 112 Nev. 704, 708, 918 P.2d 321, 324 (1996). Therefore, without the considering the merits of any of the claims raised in the motion, we conclude the district court did not err by denying the motion.
Dean argues the district court erred by entertaining oral argument at a hearing where Dean, proceeding in pro se, was not present. Dean's claim is belied by the record. The district court specifically stated it was not entertaining argument and then summarized the arguments the parties had made in their pleadings. We therefore conclude Dean is not entitled to relief on this basis. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
/s/_________, J.
Tao
/s/_________, J.
Gibbons
/s/_________, J.
Bulla cc: Hon. Kathleen E. Delaney, District Judge
Glenn Darnell Dean
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk