PEARSON v. STATE (2020)

Court of Appeals of Nevada.

Dwanvae Wilbert PEARSON, Appellant, v. The STATE of Nevada Respondent.

No. 81207-COA

Decided: November 20, 2020

Dwanvae Wilbert Pearson Attorney General/Carson City Clark County District Attorney

ORDER OF AFFIRMANCE

Dwanvae Wilbert Pearson appeals from an order of the district court denying a motion to modify and/or correct an illegal sentence filed on March 16, 2020. Eighth Judicial District Court, Clark County; Tierra Danielle Jones, Judge.

In his motion, Pearson challenged the validity of his deadly weapon enhancements on the ground that the State had failed to prove the BB gun he used in the commission of his crimes met the statutory definition of a deadly weapon. This court has previously held that the BB gun Pearson used met the statutory definition of a deadly weapon. See Pearson v. State, Docket No. 71112-COA (Order of Affirmance, May 17, 2017). Accordingly, Pearson's argument is barred by the doctrine of the law of the case. See Hall v. State, 91 Nev. 314, 315-16, 535 P.2d 797, 798-99 (1975). We therefore conclude the district court did not err by denying Pearson's motion, and we

ORDER the judgment of the district court AFFIRMED.

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