Opinion
No. 73495
05-23-2018
PERRY PINCKNEY, A/K/A PINCKNEY PERRY, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Perry Pinckney appeals from an order of the district court denying a motion to modify sentence. Eighth Judicial District Court, Clark County; Michael Villani, Judge.
This appeal has been submitted for decision without oral argument and we conclude the record is sufficient for our review and briefing is unwarranted. NRAP 34(f)(3), (g). --------
In his motion filed on May 24, 2017, Pinckney claimed his trial counsel was ineffective for failing to advise the trial-level court of Pinckney's mental health issues. Pinckney's claim 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 merit of the claim raised, we conclude the district court did not err by denying the motion. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Silver /s/_________, J.
Tao /s/_________, J.
Gibbons cc: Hon. Michael Villani, District Judge
Perry Pinckney
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk