Opinion
No. 80289-COA
11-13-2020
JOHN DAVID PAMPLIN, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
John David Pamplin appeals from orders of the district court denying an October 21, 2019, motion to vacate sentence and an October 24, 2019, motion to void judgment. Eighth Judicial District Court, Clark County; Jacqueline M. Bluth, Judge.
In both motions, Pamplin claimed his sentence was illegal and he was entitled to relief pursuant to Edwards v. State, 112 Nev. 704, 918 P.2d 321 (1996). Specifically, he claimed the trial court lacked subject matter jurisdiction over his case because the deputy district attorney assigned to his case did not attend the preliminary hearing and he was improperly sentenced to a lengthier term than was permitted by the guilty plea agreement. These claims did not implicate the jurisdiction of the courts. See Nev. Const. art. 6, § 6(1); NRS 171.010; United States v. Cotton, 535 U.S. 625, 630 (2002) ("[T]he term jurisdiction means . . . the courts' statutory or constitutional power to adjudicate the case." (internal quotation marks omitted)). Accordingly, Pamplin's claims fell outside the narrow scope of claims permissible in a motion to modify or correct an illegal sentence. See Edwards, 112 Nev. at 708, 918 P.2d at 324. Therefore, without considering the merits of any of the claims raised in the motions, we conclude the district court did not err by denying the motion. Accordingly, we
ORDER the judgments of the district court AFFIRMED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Bulla cc: Hon. Jacqueline M. Bluth, District Judge
John David Pamplin
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk