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Dean v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Mar 14, 2018
No. 73028 (Nev. App. Mar. 14, 2018)

Opinion

No. 73028

03-14-2018

GLENN DARNELL DEAN, Appellant, v. THE STATE OF NEVADA, Respondent.


ORDER OF AFFIRMANCE

Glenn Darnell Dean appeals from a district court order denying his March 10, 2017, motion to modify or correct an illegal sentence. Eighth Judicial District Court, Clark County; Kathleen E. Delaney, Judge.

This appeal has been submitted for decision without oral argument. NRAP 34(f)(3). --------

Dean claimed the sentencing court failed to consider the victim's mitigating opinion as to what Dean's punishment should be. Dean's claim 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 Dean's claim, we conclude the district court did not err in denying the motion.

Dean also claims on appeal that the sentencing court based Dean's sentence on its own personal feelings and dislike for him and failed to articulate findings for each sentencing factor enumerated in NRS 193.165(1). These arguments were not raised below, and we decline to consider them on appeal in the first instance. See McNelton v. State, 115 Nev. 396, 416, 990 P.2d 1263, 1276 (1999). Accordingly, we

ORDER the judgment of the district court AFFIRMED.

/s/_________, C.J.

Silver

/s/_________, J.

Tao

/s/_________, J.

Gibbons cc: Hon. Kathleen E. Delaney, District Judge

Glenn Darnell Dean

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk


Summaries of

Dean v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Mar 14, 2018
No. 73028 (Nev. App. Mar. 14, 2018)
Case details for

Dean v. State

Case Details

Full title:GLENN DARNELL DEAN, Appellant, v. THE STATE OF NEVADA, Respondent.

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Mar 14, 2018

Citations

No. 73028 (Nev. App. Mar. 14, 2018)