State v. Boatwright (Stephen)

Opinion

sentence unless the amendment is made to correct a sentence that was based on untrue assumptions or mistakes that worked to the defendant's extreme detriment. Campbell v. Eighth Judicial Dist. Court, 114 Nev. 410, 413, 957 P.2d 1141, 1142-43 (1998).

The district court conducted an evidentiary hearing on Boatwright's motion to correct an illegal sentence. The district court found, among other things, that the amended judgment was entered after Boatwright began to serve his sentence, it substantially increased Boatwright's sentence, and it was not made to correct a clerical error. The district court further found that the judgment was ambiguous and the amended information that it referenced was not determinative as to whether Boatwright was convicted of sexual assault or sexual assault of a child under 14 years of age. The district court concluded that the amended judgment was void because it was entered by a court that lacked jurisdiction and in violation of Boatwright's due process rights. The district court factual findings are not clearly wrong and we conclude that the district court did not abuse its discretion by granting the motion to correct an illegal sentence. Accordingly, we ORDER the judgment of the district court AFFIRMED.

J.

Hardesty

SUPREME COURT OF NEVADA

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(0) 1947A cM1.0 cc: Hon. Janet J. Berry, District Judge Attorney General/Carson City Washoe County District Attorney Karla K. Butko Washoe District Court Clerk

SUPREME COURT OF NEVADA

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(0) 1947A