Breceda (Augustine) v. State

• Court: Nevada Supreme Court
• Decided: June 15, 2017
• Docket: 71035
• Status: Unpublished

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

AUGUSTINE BRECEDA, No. 71035 Appellant, vs. THE STATE OF NEVADA, Respondent. FRED JUN 1 5 }017 C

La- Flirt CLERK

ORDER OF AFFIRMANCE This is a pro se appeal from an order denying a motion to correct an illegal sentence.' Second Judicial District Court, Washoe County; Jerome M. Polaha, Judge. Appellant argues that his sentence is illegal because the judgment of conviction references two sentence enhancement statutes (NRS 193.165 and NRS 193.167) for counts 6 and 7. Appellant fails 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). The judgment of conviction imposed only one enhancement for each count and reference to the two factually applicable

'Having considered the pro se brief filed by appellant, we conclude that a response is not necessary. NRAP 46A(c). This appeal therefore has been submitted for decision based on the pro se brief and the record. See NRAP 34(0(3).

SUPREME COURT OF NEVADA

(0) 1947A 424,3, enhancement statutes did not render his sentence illegal. Therefore, we conclude that the district court did not err in denying appellant's motion. Accordingly, we ORDER the judgment of the district court AFFIRMED.

/—itua ‘-esist.c J. Hardesty

Parraguirre

Al4C4-.0 J. Stiglich

cc: Hon. Jerome M. Polaha, District Judge Augustine Breceda Attorney General/Carson City Washoe County District Attorney Washoe District Court Clerk

SUPREME COURT OF NEVADA 2 (tA 1947A ea