Opinion
No. 74175
07-20-2018
LAMAR ROWELL, A/K/A LAMARR ROWELL, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Lamar Rowell appeals from an order of the district court denying the motion to vacate judgment as void for lack of jurisdiction filed on August 23, 2017. Eighth Judicial District Court, Clark County; Jennifer P. Togliatti, 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, Rowell claimed he could not be sentenced as a habitual criminal because he had not previously been adjudicated a habitual criminal, his adjudication as a habitual criminal violated the Ex Post Facto clause, and habitual criminal is a status and he cannot be punished for a status. Based on the nature of the claims raised in his motion, we construe the motion to be a motion to correct an illegal sentence. We conclude Rowell failed to demonstrate his sentence was facially illegal or the district court lacked jurisdiction. See Edwards v. State, 112 Nev. 704, 708, 918 P.2d 321, 324 (1996). Therefore, we conclude the district court did not err by denying Rowell's motion, and we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Jennifer P. Togliatti, District Judge
Lamar Rowell
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk