Opinion
No. 58945.
11-18-2011
Steven R. HALVERSON, Appellant, v. The STATE of Nevada, Respondent.
Steven R. Halverson Attorney General/Carson City Clark County District Attorney
Steven R. Halverson
Attorney General/Carson City
Clark County District Attorney
ORDER OF AFFIRMANCE
This is a proper person appeal from an order of the district court denying a motion to amend the judgment of conviction. Eighth Judicial District Court, Clark County; Linda Marie Bell, Judge.
This appeal has been submitted for decision without oral argument, 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 June 16, 2011, appellant claimed that the district court did not have the authority to adjudicate him a habitual criminal for both counts because the counts arose from the same incident.
As a preliminary matter, because of the nature of the relief sought, we conclude that the district court did not err in treating the motion as a motion to correct an illegal sentence. We further conclude that appellant failed 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). Nothing in NRS 207.010 prevents the district court from adjudicating appellant a habitual criminal for each count in a single judgment of conviction. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
We have reviewed all documents that appellant has submitted in proper person to the clerk of this court in this matter, and we conclude that no relief based upon those submissions is warranted. To the extent that appellant has attempted to present claims or facts in those submissions which were not previously presented in the proceedings below, we have declined to consider them in the first instance.
--------