Opinion
No. 67082
04-15-2015
ANTHONY HARRIS, Appellant, v. THE STATE OF NEVADA, Respondent.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER OF AFFIRMANCE
This is an appeal from a district court order denying a motion to modify 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), 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 motions filed on October 1, 2014, and October 6, 2014, appellant Anthony Harris claimed that his sentence should be modified because the State did not file a notice of intent to seek habitual criminal adjudication in the information charging the primary offense and because the State failed to establish proof of his prior convictions prior to the plea hearing or at sentencing. Harris also claimed that the district court improperly relied on prior convictions that were more than ten years old when adjudicating him as a habitual criminal and his sentence is illegal because the district court did not make a specific finding that adjudication as a habitual criminal was "just" and "proper."
These 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 motion, we conclude that the district court did not err in denying the motion. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
We have reviewed all documents that Harris has submitted to the clerk of this court in this matter, and we conclude that no relief based upon those submissions is warranted.
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/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Silver
cc: Hon. Kathleen E. Delaney, District Judge
Anthony Harris
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk