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Thurmond v. State

Supreme Court of Nevada.
Jul 13, 2011
373 P.3d 967 (Nev. 2011)

Opinion

No. 57931.

07-13-2011

Edwan THURMOND, Appellant, v. The STATE of Nevada, Respondent.

Edwan Thurmond Attorney General/Carson City Clark County District Attorney


Edwan Thurmond Attorney

General/Carson City

Clark County District Attorney

ORDER OF AFFIRMANCE

This is a proper person appeal from an order denying a motion to correct an illegal sentence. Eighth Judicial District Court, Clark County; Linda Marie Bell, 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 December 11, 2010, appellant claimed that the sentences imposed pursuant to NRS 193.165 were illegal because the deadly weapon was a necessary element of robbery and because the sentences violated Double Jeopardy. Appellant failed to demonstrate that his sentences were facially illegal and that the district court lacked jurisdiction. See Edwards v. State, 112 Nev. 704, 708, 918 P.2d 321, 324 (1996). We therefore conclude that the district court did not err in denying appellant's motion. Accordingly, we

ORDER the judgment of the district court AFFIRMED.

We have reviewed all documents that appellant has submitted in proper person to the clerk of this court in this matter, and we conclude that no relief based upon those submissions is warranted. To the extent that appellant has attempted to present claims or facts in those submissions which were not previously presented in the proceedings below, we have declined to consider them in the first instance.


Summaries of

Thurmond v. State

Supreme Court of Nevada.
Jul 13, 2011
373 P.3d 967 (Nev. 2011)
Case details for

Thurmond v. State

Case Details

Full title:Edwan THURMOND, Appellant, v. The STATE of Nevada, Respondent.

Court:Supreme Court of Nevada.

Date published: Jul 13, 2011

Citations

373 P.3d 967 (Nev. 2011)