Opinion
No. 73043
02-14-2018
CLARK K. MORSE, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Clark K. Morse appeals from an order of the district court denying a motion to modify sentence. Eighth Judicial District Court, Clark County; Kerry Louise Earley, Judge.
This appeal has been submitted for decision without oral argument. NRAP 34(f)(3). --------
Morse argues the district court erred in denying his March 7, 2017, motion. Morse asserted his sentence violated the Double Jeopardy Clause. Morse's claims fell outside the narrow scope of claims permissible in a motion to modify 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 the district court did not err by denying the motion.
As a separate and independent ground for denying relief, Morse's underlying claim has already been considered and Morse has received all relief he is entitled to. Specifically, the Nevada Supreme Court concluded Morse could not be convicted of multiple counts of leaving the scene of an accident, Morse v. State, Docket No. 42091 (Order of Reversal and Remand, October 6, 2004), and the district court entered an amended judgment of conviction on January 31, 2005, correcting Morse's sentence pursuant to that decision. Therefore, the district court properly concluded Morse is not entitled to relief. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Kerry Louise Earley, District Judge
Clark K. Morse
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk