Opinion
No. 75030
09-11-2018
STEVEN FLOYD VOSS, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE AND DISMISSING APPEAL IN PART
Steven Floyd Voss appeals from an order of the district court denying a motion to correct an illegal sentence, a "motion to set aside jury verdict and for new trial based upon fundamental miscarriage of justice," a "motion to correct clerical error in record," and a motion for reconsideration. Second Judicial District Court, Washoe County; Jerome M. Polaha, Judge.
This appeal has been submitted for decision without oral argument. NRAP 34(f)(3). --------
First, Voss argues the district court erred by denying his motion to correct an illegal sentence. In his November 7, 2017, motion to correct an illegal sentence, Voss claimed the judgment of conviction erroneously failed to specify whether he had been convicted of second-degree murder or first-degree murder. The Nevada Supreme Court has already considered this claim and concluded it fell outside of the scope of a motion to correct an illegal sentence. Voss v. State, Docket No. 62024 (Order of Affirmance, July 23, 2013). The doctrine of the law of the case prevents further consideration of this claim and "cannot be avoided by a more detailed and precisely focused argument." Hall v. State, 91 Nev. 314, 316, 535 P.2d 797, 799 (1975). Therefore, we conclude the district court did not err by denying the motion.
Voss also appeals from the district court's denial of his "motion to set aside jury verdict and for new trial based upon fundamental miscarriage of justice," his "motion to correct clerical error in record," and motion for reconsideration. Because no statute or court rule permits an appeal from these orders, we lack jurisdiction to consider these portions of Voss' appeal. See Phelps v. State, 111 Nev. 1021, 1022-23, 900 P.2d 344, 344-45 (1995); Castillo a State, 106 Nev. 349, 352, 792 P.2d 1133, 1135 (1990). Accordingly, we
ORDER the judgment of the district court AFFIRMED and we DISMISS the appeal in part.
/s/_________, C.J.
Silver /s/_________, J.
Tao /s/_________, J.
Gibbons cc: Hon. Jerome M. Polaha, District Judge
Steven Floyd Voss
Attorney General/Carson City
Washoe County District Attorney
Washoe District Court Clerk