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Bellon v. State

COURT OF APPEALS OF THE STATE OF NEVADA
May 22, 2018
No. 74339 (Nev. App. May. 22, 2018)

Opinion

No. 74339

05-22-2018

ROBERT LINZY BELLON, Appellant, v. THE STATE OF NEVADA, Respondent.


ORDER OF AFFIRMANCE

Robert Linzy Bellon appeals from a district court order denying a motion to modify or correct an illegal sentence filed on September 19, 2017. Eighth Judicial District Court, Clark County; Susan Johnson, Judge.

This appeal has been submitted for decision without oral argument. NRAP 34(f)(3). --------

Bellon claims the district court erred by denying his motion because his sentence was imposed to run concurrently with his sentence in another case and therefore the presentence credits he received in the other case should have been applied to the sentence in this case.

"[A] motion to modify a sentence is limited in scope to sentences based on mistaken assumptions about a defendant's criminal record which work to the defendant's extreme detriment." Edwards v. State, 112 Nev. 704, 708, 918 P.2d 321, 324 (1996). A motion to correct an illegal sentence may only challenge the facial legality of the sentence: either the district court was without jurisdiction to impose a sentence or the sentence was imposed in excess of the statutory maximum. Id.

Without considering the merits of Bellon's presentence-credit claim, we conclude it falls outside the narrow scope of claims permissible in a motion to modify or correct an illegal sentence and therefore the district court did not err by denying his motion. Accordingly, we

ORDER the judgment of the district court AFFIRMED.

/s/_________, C.J.

Silver

/s/_________, J.

Tao

/s/_________, J.

Gibbons cc: Hon. Susan Johnson, District Judge

Robert Linzy Bellon

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk


Summaries of

Bellon v. State

COURT OF APPEALS OF THE STATE OF NEVADA
May 22, 2018
No. 74339 (Nev. App. May. 22, 2018)
Case details for

Bellon v. State

Case Details

Full title:ROBERT LINZY BELLON, Appellant, v. THE STATE OF NEVADA, Respondent.

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: May 22, 2018

Citations

No. 74339 (Nev. App. May. 22, 2018)