Grimes (Bennett) v. State

• Court: Nevada Supreme Court
• Decided: February 26, 2016
• Docket: 67598
• Status: Unpublished

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

BENNETT GRIMES, No. 67598 Appellant, vs. THE STATE OF NEVADA, Respondent. FILED FEB 2 6 2016 TRACE K. UNDEMAN CLERK' 1_1PREME COURT

ORDER OF AFFIRMANCE BY DEPUTY CLERK

This is an appeal from a district court order denying a motion to correct an illegal sentence. Eighth Judicial District Court, Clark County; Michelle Leavitt, Judge. Appellant Bennett Grimes argues that the district court abused its discretion in denying his motion to correct an illegal sentence, pursuant to NRS 176.555, because ex post facto and due process violations rendered his sentence illegal. Without considering the merits of any claims raised in the motion, we conclude that the district court did not abuse its discretion because Grimes's claims fall 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); see also Haney v. State, 124 Nev. 408, 411, 185 P.3d 350, 352 (2008) (reviewing a district court's decision denying a motion to correct an illegal sentence for an abuse of discretion). Specifically, Grimes does not allege facial

SUPREME COURT OF NEVADA

(0) 1947A 4e 119-06/20 invalidity of the sentence and has not demonstrated that the court was without jurisdiction. Therefore, we ORDER the judgment AFFIRMED.

J. Hardesty

Or' Saitta

J.

cc: Hon. Michelle Leavitt, District Judge Clark County Public Defender Law Offices of Gamage & Gamage Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

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