Opinion
No. 71947
10-11-2017
MARK LEONARD SHARP, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Mark Leonard Sharp appeals from a district court order denying his motion to correct an illegal sentence. Sixth Judicial District Court, Humboldt County; Michael Montero, Judge.
This appeal has been submitted for decision without oral argument. NRAP 34(f)(3). --------
In his motion, Sharp claimed his sentence was illegal because the Humboldt County District Attorney had not posted a bond as required by NRS 252.030, NRS 252.070, NRS 282.010, or NRS 282.163.
A motion to correct an illegal sentence may only challenge the facial legality of the sentence: either the district court was without jurisdiction to impose a sentence or the sentence was imposed in excess of the statutory maximum. Edwards v. State, 112 Nev. 704, 708, 918 P.2d 321, 324 (1996).
Without considering the merits of Sharp's claim, we conclude it falls outside the narrow scope of claims permissible in a motion to correct an illegal sentence and, therefore, the district court did not err by denying his motion. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Michael Montero, District Judge
Mark Leonard Sharp
Attorney General/Carson City
Humboldt County District Attorney
Humboldt County Clerk