Opinion
No. 77575-COA No. 77576-COA No. 77577-COA
09-25-2019
KEVIN FERNANDEZ, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Kevin Fernandez appeals from an order of the district court denying motions to modify or correct an illegal sentence filed in district court case numbers CR 8756 (Docket No. 77575-COA), CR 8938 (Docket No. 77576-COA), and CR 8963 (Docket No. 77577-COA). Fifth Judicial District Court, Nye County; Robert W. Lane, Judge.
Fernandez filed identical motions in all three district court cases on October 4, 2018. In his motions, Fernandez claimed the county jail improperly stated on his booking sheet that he was a habitual criminal, the written plea agreement improperly contained a waiver of his right to a direct appeal, and he was improperly induced into pleading guilty. Fernandez' claims 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 motions, we conclude the district court did not err by denying the motions. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Bulla cc: Hon. Robert W. Lane, District Judge
Kevin Fernandez
Attorney General/Carson City
Nye County District Attorney
Nye County Clerk