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Harris v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Dec 18, 2015
No. 68347 (Nev. App. Dec. 18, 2015)

Opinion

No. 68347

12-18-2015

BRANDON KALE 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 an order denying a motion to modify or correct an illegal sentence. Eighth Judicial District Court, Clark County; Kerry Louise Earley, Judge.

This appeal has been submitted for decision without oral argument and we conclude the record is sufficient for our review and briefing is unwarranted. NRAP 34(f)(3), (g). --------

In his motion filed on June 5, 2015, appellant Brandon Kale Harris claimed attempted lewdness with a minor under 14 was not a valid crime, he only decided to accept the plea offer because he had an inexperienced attorney and he feared a possible life sentence, and the presentence investigation report improperly stated he was a moderate risk to reoffend when the psychosexual evaluation stated he was a low to moderate risk to reoffend. Harris' 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 the district court did not err in denying the motion. Accordingly, we

ORDER the judgment of the district court AFFIRMED.

/s/_________, C.J.

Gibbons

/s/_________, J.

Tao

/s/_________, J.

Silver cc: Hon. Kerry Louise Earley, District Judge

Brandon Kale Harris

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk


Summaries of

Harris v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Dec 18, 2015
No. 68347 (Nev. App. Dec. 18, 2015)
Case details for

Harris v. State

Case Details

Full title:BRANDON KALE HARRIS, Appellant, v. THE STATE OF NEVADA, Respondent.

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Dec 18, 2015

Citations

No. 68347 (Nev. App. Dec. 18, 2015)