JECORY ELES KEMP v. THE STATE OF NEVADA (2025)

ORDER OF AFFIRMANCE

Jecory Eles Kemp appeals from a district court order denying a motion to vacate an illegal sentence filed on January 31, 2025. Eighth Judicial District Court, Clark County; Jacqueline M. Bluth, Judge.

In his motion, Kemp asked for his sentence to be vacated because “no notice of entry of order on [his] sentence exists.” As such, Kemp contends no legal sentence has been entered in his case and the sentence verbally imposed must be vacated as illegal. 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. See Edwards v. State, 112 Nev. 704, 708, 918 P.2d 321, 324 (1996). Kemp did not allege his sentence was in excess of the statutory maximum, and his claim failed to implicate the jurisdiction of the district court. See Nev. Const. art. 6, § 6; NRS 171.010. Therefore, we conclude the district court did not err by denying the motion, and we

ORDER the judgment of the district court AFFIRMED.

Bulla, C.J.

Gibbons, J.

Westbrook, J.