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McNeal v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Sep 26, 2018
No. 74900 (Nev. App. Sep. 26, 2018)

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


Summaries of

McNeal v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Sep 26, 2018
No. 74900 (Nev. App. Sep. 26, 2018)
Case details for

McNeal v. State

Case Details

Full title:MARCUS SHEREEF MCNEAL, Appellant, v. THE STATE OF NEVADA, Respondent.

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Sep 26, 2018

Citations

No. 74900 (Nev. App. Sep. 26, 2018)