Opinion
No. 77909-COA No. 77910-COA
07-18-2019
GREGORY ALLEN HATFIELD, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Gregory Allen Hatfield appeals from a single order denying motions to correct an illegal sentence filed in district court case numbers CR5117 (Docket No. 77909) and CR6022 (Docket No. 77910). Fifth Judicial District Court, Nye County; Robert W. Lane, Judge.
These appeals have been submitted for decision without oral argument. NRAP 34(f)(3). --------
In his motions filed on December 11, 2018, Hatfield claimed that the sentencing court did not have the authority to sentence him as a habitual criminal for his conviction of battery with the use of a deadly weapon because the jury acquitted him of the charge of felon in possession of a firearm.
The district court found Hatfield's motion lacked merit because his sentence was not facially illegal and the sentencing court did not lack jurisdiction to sentence Hatfield pursuant to the habitual criminal enhancement. The record supports the district court's findings. See Edwards v. State, 112 Nev. 704, 708, 918 P.2d 321, 324 (1996). Therefore, we conclude the district court did not err by denying Hatfield's motions. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Bulla cc: Hon. Robert W. Lane, District Judge
Gregory Allen Hatfield
Attorney General/Carson City
Nye County District Attorney
Nye County Clerk