Opinion
No. 74900
09-26-2018
MARCUS SHEREEF MCNEAL, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Marcus Shereef McNeal appeals from an order of the district court denying his "motion for hearing on newly discovered evidence, correct illegal sentence" filed on December 4, 2017. Eighth Judicial District Court, Clark County; Michael Villani, Judge.
This appeal has been submitted for decision without oral argument and we conclude the record is sufficient for our review and briefing is unwarranted. NRAP 34(f)(3), (g). --------
McNeal claimed he had new evidence that challenged the validity of the information and, thus, the district court's subject matter jurisdiction over his case. To the extent McNeal sought a new trial based on newly discovered evidence pursuant to NRS 176.515(1), his motion was untimely from his June 2013 verdicts. See NRS 176.515(3) (requiring the motion to be filed within two years of verdicts). To the extent McNeal challenged the legality of his sentence, his claims were outside the scope of a motion to correct an illegal sentence. See Edwards v. State, 112 Nev. 704, 708, 918 P.2d 321, 324 (1996) ("A motion to correct an illegal sentence presupposes a valid conviction and may not, therefore, be used to challenge alleged errors in proceedings that occur prior to the imposition of sentence." (internal quotation marks omitted)). Having concluded McNeal was not entitled to relief, we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Michael Villani, District Judge
Marcus Shereef McNeal
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk