Opinion
No. 74978
09-21-2018
STEVEN ROBERT HALVERSON, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Steven Robert Halverson appeals from an order of the district court denying a motion to correct an illegal sentence. 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 argues the district court erred by denying his December 11, 2017, motion. In his motion, Halverson claimed the sentencing court improperly specified minimum terms he had to serve before he is eligible for parole. A motion to correct an illegal sentence, however, may only challenge the facial legality of the sentence: either the district court was without jurisdiction to impose a sentence or the sentence was imposed in excess of the statutory maximum. Edwards v. State, 112 Nev. 704, 708, 918 P.2d 321, 324 (1996). Halverson's claim fell outside the narrow scope of claims permissible in a motion to correct an illegal sentence because it did not implicate the jurisdiction of the district court, see Nev. Const. art 6, § 6; NRS 171.010, and his prison sentence consisting of consecutive terms of 84 to 216 months is facially legal, see NRS 176.035(1); NRS 207.010(1)(a). Accordingly, the district court did not err by denying his motion, 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