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Stanley v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Apr 15, 2015
No. 67213 (Nev. App. Apr. 15, 2015)

Opinion

No. 67213

04-15-2015

OSCAR A. STANLEY A/K/A STANLEY A. OSCAR, Appellant, v. THE STATE OF NEVADA, Respondent.


An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.

ORDER OF AFFIRMANCE

This is an appeal from an order of the district court denying a motion to modify sentence. Eighth Judicial District Court, Clark County; Kathleen E. Delaney, Judge.

This appeal has been submitted for decision without oral argument, NRAP 34(f)(3), and we conclude that the record is sufficient for our review and briefing is unwarranted. See Luckett v. Warden, 91 Nev. 681, 682, 541 P.2d 910, 911 (1975).

In his motion filed on November 13, 2014, appellant Oscar Stanley claimed that the State failed to provide sufficient proof that his prior convictions were constitutionally obtained and that the district court was not legally permitted to adjudicate him as a habitual felon for both of his convictions. However, Stanley's claims fell outside the narrow scope of claims permissible in a motion to modify sentence. See Edwards v. State, 112 Nev. 704, 708, 918 P.2d 321, 324 (1996). Therefore, without considering the merits of any of the claims raised in the motion, we conclude that the district court did not err in denying the motion. Accordingly, we

ORDER the judgment of the district court AFFIRMED.

/s/_________, C.J.

Gibbons

/s/_________, J.

Tao

/s/_________, J.

Silver
cc: Hon. Kathleen E. Delaney, District Judge

Oscar A. Stanley

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk


Summaries of

Stanley v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Apr 15, 2015
No. 67213 (Nev. App. Apr. 15, 2015)
Case details for

Stanley v. State

Case Details

Full title:OSCAR A. STANLEY A/K/A STANLEY A. OSCAR, Appellant, v. THE STATE OF…

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Apr 15, 2015

Citations

No. 67213 (Nev. App. Apr. 15, 2015)

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Stanley v. State

However, this court has already concluded these claims are not within the scope of a motion to modify…