Opinion
No. 78038-COA
10-22-2019
DERRICK D. WILLIAMS, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Derrick D. Williams appeals from an order of the district court denying a motion to modify or correct an illegal sentence. Eighth Judicial District Court, Clark County; Michelle Leavitt, Judge.
In his motion filed on November 9, 2018, Williams claimed it was improper for the sentencing court to impose a sentence for the deadly-weapon enhancement. Williams contended such a sentence was improper because use of a deadly weapon was a necessary element of the primary offense of attempted murder. Williams' claim 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 merit of Williams' claim, we conclude the district court did not err by denying the motion. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Gibbons /s/_________, J.
Tao /s/_________, J.
Bulla cc: Hon. Michelle Leavitt, District Judge
Derrick D. Williams
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk