Opinion
88253-COA
10-09-2024
BILLY RAY RILEY, Appellant, v. THE STATE OF NEVADA, Respondent.
UNPUBLISHED OPINION
ORDER OF AFFIRMANCE
Gibbons, C.J.
Billy Ray Riley appeals from a district court order denying a motion to modify or correct an illegal sentence filed on November 13, 2023. Eighth Judicial District Court, Clark County; Mary Kay Holthus, Judge.
Riley's sole argument on appeal is that the district court lacked authority to sentence him under the habitual criminal statute because the district court erroneously allowed the State to amend the information to add a count of habitual criminality after a verdict had been reached in his case. Riley did not raise this claim in his motion below, and we decline to consider it on appeal in the first instance. See State v. Wade, 105 Nev. 206, 209 n.3, 772 P.2d 1291, 1293 n.3 (1989). Accordingly, we
ORDER the judgment of the district court AFFIRMED.
Bulla, J. Westbrook, J.
Hon. Mary Kay Holthus, District Judge