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Polk v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Oct 11, 2017
No. 71983 (Nev. App. Oct. 11, 2017)

Opinion

No. 71983

10-11-2017

RENARD TRUMAN POLK, Appellant, v. THE STATE OF NEVADA, Respondent.


ORDER OF AFFIRMANCE

Renard Truman Polk appeals from an order of the district court denying a motion to correct an illegal sentence. Eighth Judicial District Court, Clark County; Douglas Smith, 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). --------

In his motion filed on November 4, 2016, Polk claimed an arrest warrant was invalid because it was not supported by probable cause, his conviction violated the Double Jeopardy Clause, his confession was involuntary, he suffered from ineffective assistance of trial and appellate counsel, and a postconviction petition for a writ of habeas corpus was improperly dismissed outside of his presence. Polk's claims fell outside the narrow scope of claims permissible in a motion to correct an illegal sentence. See Edwards v. State, 112 Nev. 704, 708, 918 P.2d 321, 324 (1996). Therefore, without considering the merits of any of the claims raised in the motion, we conclude the district court did not err in denying the motion. Accordingly, we

ORDER the judgment of the district court AFFIRMED.

/s/_________, C.J.

Silver

/s/_________, J.

Tao

/s/_________, J.

Gibbons cc: Hon. Douglas Smith, District Judge

Renard Truman Polk

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk


Summaries of

Polk v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Oct 11, 2017
No. 71983 (Nev. App. Oct. 11, 2017)
Case details for

Polk v. State

Case Details

Full title:RENARD TRUMAN POLK, Appellant, v. THE STATE OF NEVADA, Respondent.

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Oct 11, 2017

Citations

No. 71983 (Nev. App. Oct. 11, 2017)