Opinion
No. 70392
02-23-2017
STEVEN SAMUEL BRAUNSTEIN, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Appellant Steven Samuel Braunstein appeals from a district court order denying his motion to correct an illegal sentence. Eighth Judicial District Court, Clark County; Stefany Miley, Judge.
This appeal has been submitted for decision without oral argument and we conclude the record is sufficient for our review and briefing is unwarranted. NRAP 34(f)(3), (g). --------
In his motion filed on April 1, 2016, Braunstein claimed his sentence is illegal because the district court vacated the restitution award and the amended judgment of conviction did not specify a restitution amount as required by statute; he should have been sentenced for committing a category E felony; and the Nevada Supreme Court's unpublished decision in Vonseydewitz v. Warden, Docket No. 66159 (Order of Reversal and Remand, June 24, 2015), makes the minimum term an impossibility because good time credits are applied to the front of the sentence.
NRS 176.555 states a district court "may correct an illegal sentence at any time." A motion to correct an illegal sentence, however, 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. Edwards v. State, 112 Nev. 704, 708, 918 P.2d 321, 324 (1996).
Braunstein's claims fell outside the narrow scope of claims permissible in a motion to correct an illegal sentence because they did not implicate the jurisdiction of the district court, see Nev. Const. art 6, § 6; NRS 171.010, and his sentence is facially legal, see NRS 193.130(2)(d); NRS 193.330(1)(a)(4); 1999 Nev. Stat., ch. 105, § 8, at 402 (former NRS 205.275(2)(b)). Accordingly, the district court did not err by denying his motion, and we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Stefany Miley, District Judge
Steven Samuel Braunstein
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk