Opinion
No. 57265.
06-08-2011
Howard Lee WHITE, Appellant, v. The STATE of Nevada, Respondent.
Howard Lee White Attorney General/Carson City Washoe County District Attorney
Howard Lee White
Attorney General/Carson City
Washoe County District Attorney
ORDER OF AFFIRMANCE
This is a proper person appeal from an order of the district court denying a motion to vacate an illegal sentence. Second Judicial District Court, Washoe County; Janet J. Berry, 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 September 10, 2010, appellant claimed that his sentence was illegal and should be vacated because when he was sentenced the district court did not affirm the jury's guilty verdict and did not sentence appellant on the primary offenses before sentencing him as a habitual criminal. Appellant failed to demonstrate that his sentence was facially illegal or 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.