Opinion
No. 63902
03-12-2014
FREDERICK WILLIAM ADKINS, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 of the district court denying a motion to vacate, set aside, or correct an illegal sentence. Fifth Judicial District Court, Nye County; Robert W. Lane, 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 24, 2013, appellant claimed that his sentence was illegal because the State filed, on the same day as sentencing, a third amended information that did not include a count of habitual criminal. Appellant's claim fell outside the narrow scope of claims permissible in a motion to correct an illegal sentence as his sentence was facially legal and his claim did not implicate the jurisdiction of the district court. See Edwards v. State, 112 Nev. 704, 708, 918 P.2d 321, 324 (1996); Nev. Const. art. 6, § 6. Therefore, we conclude that the district court did not err in denying appellant's motion, and 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.
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_______________ J.
Hardesty
_______________ J.
Douglas
_______________ J.
Cherry
cc: Hon. Robert W. Lane, District Judge
Frederick William Adkins
Nye County District Attorney
Attorney General/Carson City
Nye County Clerk