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Pearson v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Nov 20, 2020
No. 81207-COA (Nev. App. Nov. 20, 2020)

Opinion

No. 81207-COA

11-20-2020

DWANVAE WILBERT PEARSON, Appellant, v. THE STATE OF NEVADA, Respondent.


ORDER OF AFFIRMANCE

Dwanvae Wilbert Pearson appeals from an order of the district court denying a motion to modify and/or correct an illegal sentence filed on March 16, 2020. Eighth Judicial District Court, Clark County; Tierra Danielle Jones, Judge.

In his motion, Pearson challenged the validity of his deadly weapon enhancements on the ground that the State had failed to prove the BB gun he used in the commission of his crimes met the statutory definition of a deadly weapon. This court has previously held that the BB gun Pearson used met the statutory definition of a deadly weapon. See Pearson v. State, Docket No. 71112-COA (Order of Affirmance, May 17, 2017). Accordingly, Pearson's argument is barred by the doctrine of the law of the case. See Hall v. State, 91 Nev. 314, 315-16, 535 P.2d 797, 798-99 (1975). We therefore conclude the district court did not err by denying Pearson's motion, and we

ORDER the judgment of the district court AFFIRMED.

/s/_________, C.J.

Gibbons

/s/_________, J.

Tao

/s/_________, J.

Bulla cc: Hon. Tierra Danielle Jones, District Judge

Dwanvae Wilbert Pearson

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk


Summaries of

Pearson v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Nov 20, 2020
No. 81207-COA (Nev. App. Nov. 20, 2020)
Case details for

Pearson v. State

Case Details

Full title:DWANVAE WILBERT PEARSON, Appellant, v. THE STATE OF NEVADA, Respondent.

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Nov 20, 2020

Citations

No. 81207-COA (Nev. App. Nov. 20, 2020)