Opinion
No. 74479
10-25-2018
GEORGE W. LUSTER, JR., Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
George W. Luster, Jr., appeals from an order of the district court denying a motion to correct an illegal sentence filed on October 18, 2017. Eighth Judicial District Court, Clark County; Carolyn Ellsworth, Judge.
This appeal has been submitted for decision without oral argument. NRAP 34(f)(3). --------
In his motion, Luster claimed his sentence was illegal because the district court lacked jurisdiction to sentence him. Specifically, he claimed the district court lacked jurisdiction to sentence him because he was convicted of first-degree murder, and absent a stipulation from the parties, he was required to be sentenced by the trial jury. See NRS 175.552(l)(a), (2). Luster failed to demonstrate his sentence was facially illegal or the district court lacked jurisdiction to sentence him. See Edwards v. State, 112 Nev. 704, 708, 918 P.2d 321, 324 (1996). Transcripts reflect that on the day the verdict was read, the parties indicated they had stipulated to Luster being sentenced by the trial judge. Therefore, we conclude the district court did not err by denying Luster's motion, and we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Carolyn Ellsworth, District Judge
George W. Luster, Jr.
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk