Opinion
No. 67874
09-16-2015
KENNETH LESLIE EMERSON, A/K/A EMERSON LESLIE, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 an appeal from an order of the district court denying a motion to modify or correct an illegal sentence. Eighth Judicial District Court, Clark County; William D. Kephart, Judge.
This appeal has been submitted for decision without oral argument, NRAP 34(f)(3), and we conclude 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 March 16, 2015, appellant Kenneth Emerson claimed his sentence was illegal because the district court did not sentence him for his primary offense before enhancing his sentence under the habitual criminal statute. Emerson'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 any of the claims raised in the motion, we conclude the district court did not err in denying the motion. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Silver
cc: Hon. William D. Kephart, District Judge
Kenneth Leslie Emerson
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk