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Garcia v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Aug 21, 2019
No. 78158-COA (Nev. App. Aug. 21, 2019)

Opinion

No. 78158-COA

08-21-2019

SALVADORE GARCIA, A/K/A SALVADOR GARCIA, Appellant, v. THE STATE OF NEVADA, Respondent.


ORDER OF AFFIRMANCE

Salvadore Garcia appeals from a district court order denying his motions to "correct and/or modify actual, factual and legally illegal sentence" that were filed on September 21, 2018, October 22, 2018, and December 31, 2018. Eighth Judicial District Court, Clark County; Michael Villani, Judge.

Garcia argues the district court erred by denying his motions. "[A] motion to modify a sentence is limited in scope to sentences based on mistaken assumptions about a defendant's criminal record which work to the defendant's extreme detriment." Edwards v. State, 112 Nev. 704, 708, 918 P.2d 321, 324 (1996). A motion to correct an illegal sentence may address only the facial legality of the sentence—either the district court was without jurisdiction to impose a sentence or the sentence was imposed in excess of the statutory maximum. Id. "A motion to correct an illegal sentence 'presupposes a valid conviction and may not, therefore, be used to challenge alleged errors in proceedings that occur prior to the imposition of sentence.'" Id. (quoting Allen v. United States, 495 A.2d 1145, 1149 (D.C. 1985). A motion to modify or correct a sentence that raises issues outside the very narrow scope of issues permissible may be summarily denied. Id. at 708 n.2, 918 P.2d at 325 n.2.

In his motions below, Garcia claimed his sentencing judge committed multiple violations at his sentencing hearing and his double jeopardy rights were violated when he was charged with, and convicted of, two separate statutory crimes that arose out of a single action. Garcia failed to demonstrate the sentencing court relied on mistaken assumptions regarding his criminal record that worked to his extreme detriment. And he failed to demonstrate that his sentence was facially illegal or the sentencing court lacked jurisdiction. Therefore, we conclude the district court did not err by denying Garcia's motions to correct and/or modify his sentence, and we

ORDER the judgment of the district court AFFIRMED.

/s/_________, C.J.

Gibbons

/s/_________, J.

Tao

/s/_________, J.

Bulla cc: Hon. Michael Villani, District Judge

Salvadore Garcia

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk


Summaries of

Garcia v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Aug 21, 2019
No. 78158-COA (Nev. App. Aug. 21, 2019)
Case details for

Garcia v. State

Case Details

Full title:SALVADORE GARCIA, A/K/A SALVADOR GARCIA, Appellant, v. THE STATE OF…

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Aug 21, 2019

Citations

No. 78158-COA (Nev. App. Aug. 21, 2019)