Opinion
No. 65314
07-22-2014
RONALD ERIC BARRETT, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 modify, correct, or vacate an illegal sentence. Eighth Judicial District Court, Clark County; Valorie J. Vega, 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 December 26, 2013, appellant claimed that his sentence should be modified and that his sentence was illegal because the State failed to prove that his prior convictions were valid before the district court adjudicated him a habitual criminal. Appellant's claim 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 the claim raised in the motion, we conclude that the district court did not err in denying the motion. Accordingly, we
We also conclude that the district court did not err in denying appellant's motion for transcripts.
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ORDER the judgment of the district court AFFIRMED.
______________________, J.
Pickering
______________________, J.
Parraguirre
______________________, J.
Saitta
cc: Hon. Valorie J. Vega, District Judge
Ronald Eric Barrett
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk