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Brooks v. State

SUPREME COURT OF THE STATE OF NEVADA
Dec 11, 2014
No. 66378 (Nev. Dec. 11, 2014)

Opinion

No. 66378

12-11-2014

KEITH E. BROOKS, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 a 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 July 1, 2014, appellant claimed that because he pleaded guilty pursuant to an Alford plea to the deadly weapon enhancements and to being a felon in possession of a firearm, he should not have been sentenced for the enhancements or on the felon charge. Further, he claimed that NRS 193.165 is unconstitutional. Appellant's claims 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 any of the claims raised in the motion, we conclude that the district court did not err in denying the motion. Accordingly, we

Worth Carolina v. Alford, 400 U.S. 25 (1970).
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ORDER the judgment of the district court AFFIRMED.

/s/_________, C.J.

Gibbons
/s/_________, C.J.
Pickering
/s/_________, C.J.
Saitta
cc: Hon. Valorie J. Vega, District Judge

Keith E. Brooks

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk


Summaries of

Brooks v. State

SUPREME COURT OF THE STATE OF NEVADA
Dec 11, 2014
No. 66378 (Nev. Dec. 11, 2014)
Case details for

Brooks v. State

Case Details

Full title:KEITH E. BROOKS, Appellant, v. THE STATE OF NEVADA, Respondent.

Court:SUPREME COURT OF THE STATE OF NEVADA

Date published: Dec 11, 2014

Citations

No. 66378 (Nev. Dec. 11, 2014)