From Casetext: Smarter Legal Research

Rowell v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Sep 11, 2018
No. 74337 (Nev. App. Sep. 11, 2018)

Opinion

No. 74337

09-11-2018

LAMARR ROWELL, A/K/A LAMAR ROWELL, Appellant, v. THE STATE OF NEVADA, Respondent.


ORDER OF AFFIRMANCE

Lamarr Rowell appeals from an order of the district court denying the motion to vacate judgment as void for lack of jurisdiction filed on August 24, 2017. Eighth Judicial District Court, Clark County; Mark B. Bailus, 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, Rowell claimed he could not be sentenced as a habitual criminal because he had not previously been adjudicated a habitual criminal, his adjudication as a habitual criminal violated the Ex Post Facto clause, and habitual criminal is a status and he cannot be punished for a status. Based on the nature of the claims raised in his motion, we construe this appeal as an appeal from an order denying a motion to correct an illegal sentence. We conclude Rowell failed to demonstrate his sentence was facially illegal or the district court lacked jurisdiction. See Edwards v. State, 112 Nev. 704, 708, 918 P.2d 321, 324 (1996). Therefore, we conclude the district court did not err by denying Rowell's motion, and we

ORDER the judgment of the district court AFFIRMED.

The Honorable Abbi Silver did not participate in the decision in this matter. --------

/s/_________, J.

Tao

/s/_________, J.

Gibbons cc: Hon. Mark B. Bailus, District Judge

Lamarr Rowell

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk


Summaries of

Rowell v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Sep 11, 2018
No. 74337 (Nev. App. Sep. 11, 2018)
Case details for

Rowell v. State

Case Details

Full title:LAMARR ROWELL, A/K/A LAMAR ROWELL, Appellant, v. THE STATE OF NEVADA…

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Sep 11, 2018

Citations

No. 74337 (Nev. App. Sep. 11, 2018)