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Pinckney v. State

COURT OF APPEALS OF THE STATE OF NEVADA
May 23, 2018
No. 73495 (Nev. App. May. 23, 2018)

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


Summaries of

Pinckney v. State

COURT OF APPEALS OF THE STATE OF NEVADA
May 23, 2018
No. 73495 (Nev. App. May. 23, 2018)
Case details for

Pinckney v. State

Case Details

Full title:PERRY PINCKNEY, A/K/A PINCKNEY PERRY, Appellant, v. THE STATE OF NEVADA…

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: May 23, 2018

Citations

No. 73495 (Nev. App. May. 23, 2018)