Opinion
No. 66487
02-04-2015
JAMES DERRICK HUNDLEY, Appellant, v. THE STATE OF NEVADA, Respondent.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER OF AFFIRMANCE
This is an appeal from an order of the district court granting in part and denying in part a motion to amend judgment. Second Judicial District Court, Washoe County; Janet J. Berry, 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 18, 2014, appellant claimed that his judgment of conviction should be amended because it contained clerical errors. Specifically, he claimed that the judgment of conviction incorrectly states that he pleaded guilty, the judgment does not contain cites to the statutes under which he was convicted, and the judgment does not reflect whether or not the victim suffered substantial bodily harm. The district court concluded that the judgment should be amended to reflect that appellant was convicted by a jury verdict, but denied relief as to the rest of appellant's motion. This appeal followed.
We elect to construe appellant's motion as a motion to modify or correct an illegal sentence. Appellant failed to demonstrate that the district court relied on mistaken assumptions regarding his criminal record that worked to his extreme detriment. See Edwards v. State, 112 Nev. 704, 708, 918 P.2d 321, 324 (1996). Appellant also failed to demonstrate that his sentence was facially illegal or that the district court lacked jurisdiction. See id. Therefore, we conclude that the district court did not err in denying appellant's motion, and we
ORDER the judgment of the district court AFFIRMED.
We note that the judgment of conviction references the Information, which cites to the necessary statutes. Further, substantial bodily harm was not an element of sexual assault on a minor, see 1995 Nev. Stat., ch. 443, § 58, at 1186, and therefore, the judgment of conviction's failure to reference it was not error.
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/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Silver
cc: Hon. Janet J. Berry, District Judge
James Derrick Hundley
Attorney General/Carson City
Washoe County District Attorney
Washoe District Court Clerk