Opinion
No. 63945
02-13-2014
ANTHONY STRICKL AND A/K/A ANTONIO WARD, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 a proper person appeal from an order of the district court denying a motion to modify and/or correct an illegal sentence. Eighth Judicial District Court, Clark County; Elizabeth Goff Gonzalez, 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 July 17, 2013, appellant claimed that the State failed to prove his prior felony convictions, the district court abused its discretion in adjudicating him a habitual criminal, and he received ineffective assistance of counsel. These claims 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 merits of any claims raised in the motion, we conclude the district court did not err in denying appellant's motion. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
We note that the district court denied the motion based upon the passage of time and the doctrine of laches. Laches does not apply to a motion to modify or correct an illegal sentence. Nevertheless, we affirm the district court's decision to deny the motion for the reasons discussed in this order. Wyatt v. State, 86 Nev. 294, 298, 468 P.2d 338, 341 (1970).
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__________, J.
Pickering
__________, J.
Parraguirre
__________, J.
Saitta
cc: Hon. Ehzabeth Goff Gonzalez, District Judge
Anthony Strickland
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk