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Tellis v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Oct 23, 2020
No. 80712-COA (Nev. App. Oct. 23, 2020)

Opinion

No. 80712-COA

10-23-2020

LESTER LEE TELLIS, Appellant, v. THE STATE OF NEVADA, Respondent.


ORDER OF AFFIRMANCE

Lester Lee Tellis appeals from an order of the district court denying a "supplemental motion to modify and/or correct illegal sentence" filed on December 9, 2019. Eighth Judicial District Court, Clark County; Jacqueline M. Bluth, Judge.

In his motion, Tellis claimed his convictions violated the Double Jeopardy Clause and the district court followed improper procedures in imposing the deadly weapon enhancements. Tellis'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). Therefore, without considering the merits of any of the claims raised in the motion, we conclude the district court did not err by denying the motion. Accordingly, we

ORDER the judgment of the district court AFFIRMED.

In his informal brief on appeal, Tellis raises several claims that were not raised in his motion below. We decline to consider these claims on appeal in the first instance. See McNelton v. State, 115 Nev. 396, 416, 990 P.2d 1263, 1276 (1999).

/s/_________, C.J.

Gibbons

/s/_________, J.

Tao

/s/_________, J.

Bulla cc: Hon. Jacqueline M. Bluth, District Judge

Lester Lee Tellis

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk


Summaries of

Tellis v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Oct 23, 2020
No. 80712-COA (Nev. App. Oct. 23, 2020)
Case details for

Tellis v. State

Case Details

Full title:LESTER LEE TELLIS, Appellant, v. THE STATE OF NEVADA, Respondent.

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Oct 23, 2020

Citations

No. 80712-COA (Nev. App. Oct. 23, 2020)