Opinion
No. 63832
03-12-2014
RAYMOND WHITE, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 correct an illegal sentence. Eighth Judicial District Court, Clark County; Abbi Silver, 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 June 27, 2013, appellant claimed that the district court was required to impose a sentence for the primary offenses before adjudicating him a habitual criminal and that the failure to do so deprived the district court of jurisdiction and caused the sentences to exceed the statutory maximum. Appellant's claims, which challenged alleged errors at the sentencing hearing and did not implicate the jurisdiction of the district court, fell outside the narrow scope of claims permissible in a motion to 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 of the claims raised in the motion, we conclude that the district court did not err in denying the motion. Accordingly, we
Appellant likewise did not demonstrate that the sentences exceeded the maximum allowed by NRS 201.210.
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ORDER the judgment of the district court AFFIRMED.
__________________, J.
Hardesty
___________________, J.
Douglas
___________________, J.
Cherry
cc: Hon. Abbi Silver, District Judge
Raymond White
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk