Opinion
No. 78039-COA
10-08-2019
CHARLES EUGENE KEMP, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Charles Eugene Kemp appeals from an order of the district court denying a motion to modify or correct an illegal sentence. Second Judicial District Court, Washoe County; Egan K. Walker, Judge.
In his motion filed on November 21, 2018, Kemp claimed the sentencing court violated his due process rights by imposing sentence when he was not present. Kemp's 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 the claim raised in the motion, we conclude the district court did not err by denying the motion. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Gibbons /s/_________, J.
Tao /s/_________, J.
Bulla cc: Hon. Egan K. Walker, District Judge
Charles Eugene Kemp
Attorney General/Carson City
Washoe County District Attorney
Washoe District Court Clerk