Opinion
No. 65551
10-15-2014
WILLIAM HENRY COLLIER, JR., 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 correct an illegal sentence. Eighth Judicial District Court, Clark County; Douglas Smith, 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 February 13, 2014, appellant claimed the district court lacked jurisdiction to sentence him as a habitual criminal because he was not sentenced on the primary offense before his sentence was enhanced and because a separate hearing was not held regarding the enhancement. Because his claims did not implicate the jurisdiction of the district court, see Nev. Const. art. 6, § 6; NRS 171.010, appellant's claim fell outside the narrow scope of claims permissible in a motion to 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
ORDER the judgment of the district court AFFIRMED.
/s/_________, J.
Pickering
/s/_________, J.
Parraguirre
/s/_________, J.
Saitta
cc: Hon. Douglas Smith, District Judge
William Henry Collier, Jr.
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk