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