JUSTIN ODELL LANGFORD v. THE STATE OF NEVADA (2024)

ORDER OF AFFIRMANCE

Justin Odell Langford appeals from a district court order denying a motion to correct an illegal sentence filed on January 12, 2024. Eighth Judicial District Court, Clark County; Jessica K. Peterson, Judge.

In his motion, Langford claimed NRS 171.010 is void ab initio, and as a result, the district court lacked personal jurisdiction over him and his judgment of conviction is invalid. A motion to correct an illegal sentence may only challenge the facial legality of the sentence: either the district court was without jurisdiction to impose a sentence or the sentence was imposed in excess of the statutory maximum. Edwards v. State, 112 Nev. 704, 708, 918 P.2d 321, 324 (1996). And such a motion “presupposes a valid conviction.” Id. (quotation marks omitted). Langford's claim challenged the validity of his judgment of conviction and was thus outside the scope of claims permissible in a motion to correct an illegal sentence. Therefore, without considering the merits of Langford's claim, we conclude the district court did not err by denying Langford's motion.¹ Accordingly, we

ORDER the judgment of the district court AFFIRMED.

Gibbons, C.J.

Bulla, J.

Westbrook, J.

FOOTNOTES

1.   Insofar as Langford raises arguments that are not specifically addressed in this order, we have considered the same and conclude that they do not present a basis for relief.