From Casetext: Smarter Legal Research

Hart v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Jan 14, 2020
No. 78212-COA (Nev. App. Jan. 14, 2020)

Opinion

No. 78212-COA

01-14-2020

ADDISON JOSEPH HART, Appellant, v. THE STATE OF NEVADA, Respondent.


ORDER OF AFFIRMANCE

Addison Joseph Hart appeals from an order of the district court denying a "motion to conform sentence with minutes" filed on January 4, 2019. Eighth Judicial District Court, Clark County; Jerry A. Wiese, Judge.

In his motion, Hart argued that his judgment of conviction should he amended to reflect that he was not convicted of a sex offense, and therefore, he does not have to register as a sex offender. Given the nature of the relief requested, the district court construed Hart's motion to be a motion to modify or correct an illegal sentence. We conclude the district court did not err by construing Hart's motion as such. Hart failed to demonstrate the district court relied on mistaken assumptions regarding his criminal record that worked to his extreme detriment. See Edwards v. State, 112 Nev. 704, 708, 918 P.2d 321, 324 (1996). He also failed to demonstrate that his sentence was facially illegal or the district court lacked jurisdiction. See id. Therefore, we conclude the district court did not err by denying Hart's motion. Accordingly, we

According to Hart, since he discharged his sentence, he has been required to register as a tier III offender.

ORDER the judgment of the district court AFFIRMED.

We note that the appropriate vehicle for raising Hart's claim that he is being improperly required to register as a tier III offender is in a petition for a writ of mandamus or prohibition filed in the district court in the first instance. See NRS 34.160; NRS 34.320. --------

/s/_________, C.J.

Gibbons

/s/_________, J.

Tao

/s/_________, J.

Bulla cc: Hon. Jerry A. Wiese, District Judge

Addison Joseph Hart

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk


Summaries of

Hart v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Jan 14, 2020
No. 78212-COA (Nev. App. Jan. 14, 2020)
Case details for

Hart v. State

Case Details

Full title:ADDISON JOSEPH HART, Appellant, v. THE STATE OF NEVADA, Respondent.

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Jan 14, 2020

Citations

No. 78212-COA (Nev. App. Jan. 14, 2020)