Opinion
No. 64605
07-22-2014
ROCHALONN M. CHAPMAN, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 or correct an illegal sentence. Eighth Judicial District Court, Clark County; Stefany Miley, 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 her motion filed on October 11, 2013, appellant claimed that her deadly weapon enhancement should have been imposed in accordance with the 2007 amendments to NRS 193.165. Appellant failed to demonstrate that the district court relied on mistaken assumptions regarding her criminal record that worked to her extreme detriment. See Edwards v. State, 112 Nev. 704, 708, 918 P.2d 321, 324 (1996). Appellant failed to demonstrate that her sentence was facially illegal or that the district court lacked jurisdiction. See id. Therefore, we conclude that the district court did not err in denying appellant's motion. Accordingly, we
Appellant was not entitled to the application of the 2007 amendments to NRS 193.165, because she committed the offense at issue in 2006, before the amendments became effective. See State v. Second Judicial Dist. Court (Pullin), 124 Nev. 564, 567, 188 P.3d 1079, 1081 (2008).
ORDER the judgment of the district court AFFIRMED.
We have reviewed all documents that appellant has submitted in proper person to the clerk of this court in this matter, and we conclude that no relief based upon those submissions is warranted. To the extent that appellant has attempted to present claims or facts in those submissions which were not previously presented in the proceedings below, we have declined to consider them in the first instance.
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__________, J.
Pickering
__________, J.
Parraguirre
__________, J.
Saitta
cc: Hon. Stefany Miley, District Judge
Rochalonn M. Chapman
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk