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Halverson v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Sep 21, 2018
No. 74978 (Nev. App. Sep. 21, 2018)

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


Summaries of

Halverson v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Sep 21, 2018
No. 74978 (Nev. App. Sep. 21, 2018)
Case details for

Halverson v. State

Case Details

Full title:STEVEN ROBERT HALVERSON, Appellant, v. THE STATE OF NEVADA, Respondent.

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Sep 21, 2018

Citations

No. 74978 (Nev. App. Sep. 21, 2018)