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Grimes v. State

Court of Appeals of Nevada
Oct 13, 2021
No. 83088-COA (Nev. App. Oct. 13, 2021)

Opinion

83088-COA

10-13-2021

BENNETT GRIMES, Appellant, v. THE STATE OF NEVADA, Respondent.


UNPUBLISHED OPINION

ORDER OF AFFIRMANCE

GIBBONS, C.J.

Bennett Grimes appeals from an order of the district court denying a motion to modify and/or correct an illegal sentence filed on March 9, 2021. Eighth Judicial District Court, Clark County; Michelle Leavitt, Judge.

In his motion, Grimes claimed that his convictions violated his right against double jeopardy. Grimes' 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 considering the merits of any of the claims raised in the motion, we conclude the district court did not err by denying the motion. Accordingly, we

ORDER the judgment of the district court AFFIRMED.

To the extent Grimes attempts to present new claims on appeal, we decline to consider them in the first instance. See McNelton v. Slate, 115 Nev. 396, 416, 990 P.2d 1263, 1276 (1999).

TAO, J, BULLA, J.

HON. MICHELLE LEAVITT, DISTRICT JUDGE


Summaries of

Grimes v. State

Court of Appeals of Nevada
Oct 13, 2021
No. 83088-COA (Nev. App. Oct. 13, 2021)
Case details for

Grimes v. State

Case Details

Full title:BENNETT GRIMES, Appellant, v. THE STATE OF NEVADA, Respondent.

Court:Court of Appeals of Nevada

Date published: Oct 13, 2021

Citations

No. 83088-COA (Nev. App. Oct. 13, 2021)