Sutton (Kevin) v. State

• Court: Nevada Supreme Court
• Decided: June 11, 2014
• Docket: 64244
• Status: Unpublished

Opinion

demonstration of good cause and actual prejudice. See NRS 34.726(1); NRS 34.810(3). Moreover, because the State specifically pleaded laches, appellant was required to overcome the rebuttable presumption of prejudice. NRS 34.800(2). Appellant did not attempt to demonstrate good cause or overcome the presumption of prejudice to the State. To the extent that appellant sought to have his petition considered as a motion to correct an illegal sentence, appellant's claim for relief fell outside the narrow scope of claims permitted in a motion to correct an illegal sentence. See Edwards v. State, 112 Nev. 704, 708, 918 P.2d 321, 324 (1996). Therefore, we conclude that the district court did not err in denying the petition as procedurally barred and barred by laches. Accordingly, we ORDER the judgment of the district court AFFIRMED.

J. Pickering

2ut02----s2-rr--T J. Parraguirre

Ciaafts J. Saitta

cc: Hon. Jennifer P. Togliatti, District Judge Kevin Devon Sutton Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA 2 (0) 1947A