COPELAND v. STATE (2020)

ORDER OF AFFIRMANCE

Marcus Roy Copeland appeals from a district court order denying a motion to correct illegal sentence filed on March 14, 2019. Eighth Judicial District Court, Clark County; Ronald J. Israel, Judge.

Below, Copeland argued that he was improperly convicted of violation of lifetime supervision by a convicted sex offender because the provisions of his lifetime supervision that he violated are not among the provisions enumerated in NRS 213.1243. He therefore argued the district court lacked jurisdiction to sentence him for this offense.

Copeland did not allege his sentence was facially illegal, and his claim did not implicate the jurisdiction of the court. See Nev. Const. art. 6, § 6; NRS 171.010. Instead, Copeland’s claim challenged the validity of his judgment of conviction and therefore was not properly raised in a motion to correct an illegal sentence. See Edwards v. State, 112 Nev. 704, 708, 918 P.2d 321, 324 (1996). Because Copeland’s claim challenged the validity of his conviction, it could only be raised in a postconviction petition for a writ of habeas corpus. See NRS 34.724(2)(b).¹ We therefore conclude the district court did not err by denying Copeland’s motion. See Edwards, 112 Nev. at 708, 918 P.2d at 324. Accordingly, we

ORDER the judgment of the district court AFFIRMED.

FOOTNOTES

1.   We express no opinion as to whether Copeland could meet the procedural requirements of NRS chapter 34.