Opinion
No. 72333
10-11-2017
STEVEN ROBERT HALVERSON, A/K/A STEVEN ROBERT HALVERSEN, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Steven Robert Halverson appeals from a district court order denying his motion to correct an illegal sentence to include presentence jail time credits. Eighth Judicial District Court, Clark County; Kenneth C. Cory, Judge.
This appeal has been submitted for decision without oral argument. NRAP 34(f)(3).
Halverson claims the district court erred by denying the motion to correct an illegal sentence he filed on November 22, 2016. He asserts the district court failed to comply with NRS 176.055(2)(b) and the Nevada Supreme Court's holding in Johnson v. State, 120 Nev. 296, 89 P.3d 669 (2004). And he argues he is entitled to 193 days of presentence jail time credit.
Halverson'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). Moreover, Halverson's claim was barred by the doctrine of the law of the case because it was raised on direct appeal and rejected by the Nevada Supreme Court. See Hall v. State, 91 Nev. 314, 315-16, 535 P.2d 797, 798-99 (1975); Halverson v. State, Docket No. 50821 (Order of Affirmance, January 22, 2009).
A claim for presentence credit is a challenge to the validity of the judgment of conviction and sentence that must be raised either on direct appeal or in a postconviction petition for a writ of habeas corpus. Griffin v. State, 122 Nev. 737, 744, 137 P.3d 1165, 1169 (2006). --------
For these reasons, we conclude the district court did not err by summarily denying Halverson's motion to correct an illegal sentence to include presentence jail time credits, and we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Kenneth C. Cory, District Judge
Steven Robert Halverson
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk