Opinion
No. 58226.
10-05-2011
Yoel GUERRA, Appellant, v. The STATE of Nevada, Respondent.
Yoel Guerra Attorney General/Carson City Clark County District Attorney
Yoel Guerra
Attorney General/Carson City
Clark County District Attorney
ORDER OF AFFIRMANCE
This is a proper person appeal from an order of the district court denying a motion to correct an illegal sentence. Eighth Judicial District Court, Clark County; Stefany Miley, Judge.
This appeal has been submitted for decision without oral argument, NRAP 34(f)(3), and we conclude that 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 February 14, 2011, appellant claimed that his sentence for the deadly weapon enhancement was illegal because it was equal and consecutive to the sentence for the primary offense, contrary to appellant's reading of the 2007 amendments to NRS 193.165. See 2007 Nev. Stat., ch. 525, § 13, at 3188–89. Appellant failed to demonstrate that his sentence was facially illegal and that the district court lacked jurisdiction. See Edwards v. State, 112 Nev. 704, 708, 918 P.2d 321, 324 (1996). We therefore conclude that the district court did not err in denying appellant's motion. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
The Honorables Robert Rose and Miriam Shearing, Senior Justices, participated in the decision of this matter under general orders of assignment.
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