Opinion
86806-COA
03-25-2024
ANDREW LOPEZ, JR., Appellant, v. THE STATE OF NEVADA, Respondent.
Andrew Lopez, Jr. Attorney General/Carson City
UNPUBLISHED OPINION
Andrew Lopez, Jr. Attorney General/Carson City
ORDER OF AFFIRMANCE
GIBBONS, C.J.
Andrew Lopez, Jr., appeals from an order of the district court denying a motion to correct an illegal sentence filed on May 10, 2023. Eighth Judicial District Court, Clark County; Tierra Danielle Jones, Judge.
Lopez contends he was denied due process because he was not given sufficient time to respond to the State's opposition to his motion resulting in the district court denying his motion without considering a reply. Lopez had seven days after service to respond to the State's opposition. See DCR 13(4) (providing that the "moving party may serve and file reply points and authorities within 7 days after service of the answering points and authorities"). The State served Lopez via mail on May 19, 2023, and the district court decided Lopez's motion on May 31, 2023. Thus, Lopez was given the appropriate time under the rules to respond to the State's opposition, and the district court did not err by deciding Lopez's motion without waiting for a reply. Therefore, we conclude Lopez is not entitled to relief based on this claim, and we
Lopez submitted a motion for an enlargement of time to file a reply, but it was not received by the district court until May 30, 2023-after Lopez's time to file a reply had expired.
ORDER the judgment of the district court AFFIRMED.
Bulla, Westbrook, Judges
Hon. Tierra Danielle Jones, District Judge