Opinion
No. 67371
06-16-2015
JOHN STEVEN OLAUSEN, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 denying a motion to correct an illegal sentence and motion to strike. Second Judicial District Court, Washoe County; Connie J. Steinheimer, Judge.
This appeal has been submitted for decision without oral argument, NRAP 34(f)(3), and we conclude 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 August 18, 2014, appellant John Olausen claimed the three judge sentencing panel lacked jurisdiction to consider aggravators at his sentencing. Olausen's claims fell outside the narrow scope of claims permissible in a motion to modify or correct an illegal sentence, see Edwards v. State, 112 Nev. 704, 708, 918 P.2d 321, 324 (1996), because his claim did not actually implicate the jurisdiction of the courts, see Nev. Const. art. 6, §6; NRS 171.010. Instead, Olausen's claim challenged errors at sentencing. Therefore, without considering the merits of any of the claims raised in the motion, we conclude that the district court did not err in denying the motion. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Silver
cc: Hon. Connie J. Steinheimer, District Judge
John Steven Olausen
Attorney General/Carson City
Washoe County District Attorney
Washoe District Court Clerk