Opinion
No. 63999
03-12-2014
MICHAEL RAY KNIGHT, Appellant, v. THE STATE OF NEVADA, Respondent.
An unpublist ed order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER OF AFFIRMANCE
This is a proper person appeal from an order of the district court denying a motion to correct an illegal sentence. Second Judicial District Court, Washoe County; Connie J. Steinheimer, 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 motion filed on October 24, 2012, appellant claimed that the district court lacked jurisdiction to adjudicate him a habitual criminal because the State proceeded with a faulty indictment, because the State failed to properly file the notice of habitual criminality, and because appellant had already started to serve his sentence. Appellant'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 any of the claims raised in the motion, we conclude that the district court did not err in denying the motion. Accordingly, we
Appellant's claims did not implicate the jurisdiction of the district court and appellant's sentence was not in excess of that permitted by NRS 207.010.
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ORDER the judgment of the district court AFFIRMED.
__________, J.
Hardesty
__________, J.
Douglas
__________, J.
Cherry
cc: Hon. Connie J. Steinheimer, District Judge
Michael Ray Knight
Attorney General/Carson City
Washoe County District Attorney
Washoe District Court Clerk