Opinion
No. 61127
02-13-2013
JARAMIE DEAN WOMACK, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 a proper person appeal from an order denying a motion to correct an illegal sentence. Eighth Judicial District Court, Clark County; Jessie Elizabeth Walsh, Judge.
This appeal has been submitted for decision without oral argument, NRAP 34(f)(3), and we conclude that 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 April 27, 2012, appellant claimed his sentence of life without the possibility of parole pursuant to NRS 207.010 was illegal because he was 17 years old when he committed the crimes underlying the four prior convictions. Appellant failed to demonstrate that his sentence was facially illegal and that the district court lacked jurisdiction. See Edwards v. State, 112 Nev. 704, 708, 918 P.2d 321, 324 (1996). Nothing in NRS 207.010 limits the prior felony convictions based on the age of the defendant. Appellant's reliance upon Graham v. Florida, ____ U.S. ___, __, 130 S. Ct. 2011, 2034 (2010) is misplaced as the Graham holding does not limit consideration of a prior felony conviction, committed as a juvenile, for habitual criminal purposes. We therefore conclude that the district court did not err in denying appellant's motion. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
We have reviewed all documents that appellant has submitted in proper person to the clerk of this court in this matter, and we conclude that no relief based upon those submissions is warranted. To the extent that appellant has attempted to present claims or facts in those submissions which were not previously presented in the proceedings below, we have declined to consider them in the first instance.
--------
_____________, J.
Hardesty
_____________, J.
Parraguirre
_____________, J.
Cherry
cc: Hon. Jessie Elizabeth Walsh, District Judge
Jaramie Dean Womack
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk