BARBOZA v. STATE (2020)

ORDER OF AFFIRMANCE

Antonio Count Barboza, Jr., appeals from district court orders denying identical “motion[s] for change or modification of sentence.” Barboza filed both motions on February 14, 2020. Eighth Judicial District Court, Clark County; Douglas W. Herndon, Judge, and Valerie Adair, Judge.¹

Barboza first appeared to claim some of the convictions used to qualify him for habitual criminal treatment were later overturned. Barboza did not specify, let alone demonstrate, which convictions were overturned. Accordingly, he failed to establish the district courts relied upon any alleged errors in his criminal history that worked to his extreme detriment. Therefore, we conclude the district courts did not err by denying this claim. See Edwards v. State, 112 Nev. 704, 708, 918 P.2d 321, 324 (1996).

Barboza next claimed the courts should apply the recent amendments to NRS 207.010(1)(a) retroactively and remove his habitual criminal sentencing enhancements. Sentencing statutes will not be applied retroactively unless the Legislature clearly expresses its intent otherwise. State v. Second Judicial Dist. Court, 124 Nev. 564, 567, 188 P.3d 1079, 1081 (2008). The Legislature made the amendments to NRS 207.010 effective on July 1, 2020. See 2019 Nev. Stat., ch. 633 § 86, at 4441, § 137, at 4488. Accordingly, they do not apply to Barboza's sentences for the crimes he committed in 2014. See NRS 207.010. Therefore, we conclude the district courts did not err by denying this claim.

To the extent Barboza challenged the legality of his sentences, he did not allege his sentences were facially illegal or either district court exceeded its jurisdiction. See Edwards, 112 Nev. at 708, 918 P.2d at 324. Therefore, we conclude the district courts did not err by denying Barboza's motions. Accordingly, we

ORDER the judgments of the district courts AFFIRMED.

FOOTNOTES

1.   Judge Herndon denied the motion filed in district court case number C-14-300520-1 (Docket No. 81440). Judge Adair denied the motion filed in district court case number C-15-307818-3 (Docket No. 81441).