Opinion
No. 73580
07-27-2018
KENNETH BERNARD FERGUSON, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Kenneth Bernard Ferguson appeals from an order of the district court denying a "motion to modify or vacate 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). --------
Ferguson argues the district court erred by denying his May 10, 2017, motion. In his motion, Ferguson claimed his sentence was illegal because the sentencing court failed to specify whether each term was imposed concurrently or consecutively to a previous term. Ferguson's claims fell outside the narrow scope of claims permissible in a motion to modify sentence. See Edwards v. State, 112 Nev. 704, 708, 918 P.2d 321, 324 (1996).
In addition, Ferguson failed to demonstrate that his sentence was facially illegal or the district court lacked jurisdiction. See id. Pursuant to NRS 176.035(1), the sentencing court properly set forth in the judgment of conviction whether each term was to be served consecutively or concurrently to the previous term. Therefore, we conclude the district court did not err by denying Ferguson's motion. 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
Kenneth Bernard Ferguson
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk