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McKnight v. State

SUPREME COURT OF THE STATE OF NEVADA
Jul 23, 2014
No. 65081 (Nev. Jul. 23, 2014)

Opinion

No. 65081

07-23-2014

KENNETH CHARLES MCKNIGHT, Appellant, v. THE STATE OF NEVADA; GREG SMITH; WARM SPRINGS CORRECTIONAL CENTER; AND NEVADA DEPARTMENT OF PRISONS, Respondents.


An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.

ORDER OF AFFIRMANCE

This is a proper person appeal from an order of the district court denying a post-conviction petition for a writ of habeas corpus. First Judicial District Court, Carson City; James E. Wilson, 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 May 10, 2012, petition, appellant claimed that the Nevada Department of Corrections had improperly forced him to serve his sentences consecutively when the district court had actually sentenced him to serve concurrent terms. Appellant's claim was without merit. Appellant was convicted of two counts of robbery with the use of a deadly weapon. The district court sentenced appellant to serve identical terms for each robbery count—30 to 84 months plus an equal and consecutive term for the deadly weapon enhancement. The district court also ordered that appellant serve each term concurrently and that appellant also serve this sentence concurrent with the sentence for a separate conviction. The documents submitted by the Nevada Department of Corrections demonstrate that the Department followed the district court's order. Therefore, the district court did not err in denying the petition. Accordingly, we

ORDER the judgment of the district court AFFIRMED.

__________, J.

Pickering

__________, J.

Parraguirre

__________, J.

Saitta
cc: Hon. James E. Wilson, District Judg

Kenneth Charles McKnight

Attorney General/Carson City

Carson City Clerk


Summaries of

McKnight v. State

SUPREME COURT OF THE STATE OF NEVADA
Jul 23, 2014
No. 65081 (Nev. Jul. 23, 2014)
Case details for

McKnight v. State

Case Details

Full title:KENNETH CHARLES MCKNIGHT, Appellant, v. THE STATE OF NEVADA; GREG SMITH…

Court:SUPREME COURT OF THE STATE OF NEVADA

Date published: Jul 23, 2014

Citations

No. 65081 (Nev. Jul. 23, 2014)