From Casetext: Smarter Legal Research

Grimes v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Nov 20, 2020
No. 81042-COA (Nev. App. Nov. 20, 2020)

Opinion

No. 81042-COA

11-20-2020

BENNETT GRIMES, Appellant, v. THE STATE OF NEVADA, Respondent.


ORDER OF AFFIRMANCE

Bennett Grimes appeals from an order of the district court denying a motion to modify or correct an illegal sentence filed on March 9, 2020. Eighth Judicial District Court, Clark County; Michelle Leavitt, Judge.

In his motion, Grimes claimed the district court exceeded its jurisdiction when it imposed consecutive sentences for his convictions for attempted murder with the use of a deadly weapon in violation of a temporary protective order and battery with the use of a deadly weapon constituting domestic violence resulting in substantial bodily harm in violation of a temporary protective order. Grimes claimed the convictions violated the Double Jeopardy Clause and, accordingly, the sentences must be run concurrently to one another. Grimes' claims did not implicate the jurisdiction of the courts. See Nev. Const. art. 6, § 6; NRS 171.010; United States v. Cotton, 535 U.S. 625, 630 (2002) ("[T]he term jurisdiction means . . . the courts' statutory or constitutional power to adjudicate the case." (internal quotation marks omitted)). Grimes thus failed to demonstrate he was entitled to relief. See Edwards v. State, 112 Nev. 704, 708, 918 P.2d 321, 324 (1996). Accordingly, we

ORDER the judgment of the district court AFFIRMED.

We have reviewed all documents Grimes has filed in this matter, and we conclude no relief based upon those submissions is warranted.

/s/_________, C.J.

Gibbons

/s/_________, J.

Tao

/s/_________, J.

Bulla cc: Hon. Michelle Leavitt, District Judge

Bennett Grimes

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk


Summaries of

Grimes v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Nov 20, 2020
No. 81042-COA (Nev. App. Nov. 20, 2020)
Case details for

Grimes v. State

Case Details

Full title:BENNETT GRIMES, Appellant, v. THE STATE OF NEVADA, Respondent.

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Nov 20, 2020

Citations

No. 81042-COA (Nev. App. Nov. 20, 2020)