POWE v. STATE (2020)

ORDER OF AFFIRMANCE

Ronny Darrow Powe appeals from a district court order denying a motion to correct an illegal sentence filed on April 1, 2019. Eighth Judicial District Court, Clark County; Michelle Leavitt, Judge.

Powe claimed that his sentence was illegally enhanced because the State failed to prove that the weapon supporting the deadly weapon finding was a deadly weapon as defined by NRS 193.165(6) and NRS 202.253(2).

NRS 176.555 states a district “court may correct an illegal sentence at any time.” A motion to correct an illegal sentence, however, 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). “A motion to correct an illegal sentence presupposes a valid conviction and may not, therefore, be used to challenge alleged errors in proceedings that occur prior to the imposition of sentence.” Id. (internal quotation marks omitted).

Powe's claim fell outside the narrow scope of claims permissible in a motion to correct an illegal sentence because it did not implicate the jurisdiction of the district court, see Nev. Const. art. 6, § 6; NRS 171.010, and his sentence is facially legal, see NRS 193.165(1); NRS 200.320(2)(a). Accordingly, we conclude the district court did not err by denying his motion, and we

ORDER the judgment of the district court AFFIRMED.