VARGAS v. STATE (2021)

ORDER OF AFFIRMANCE

In his motion, Vargas claimed the deadly weapon enhancement to his robbery conviction violates the Double Jeopardy Clause, the order that Vargas and his codefendant are jointly and severally liable for payment of assessments and fees is unconstitutional, the district court should order the Nevada Department of Corrections to comply with an order regarding Vargas's status, and his sentence for the deadly weapon enhancement violated the separation of powers doctrine. Vargas's claims fell outside the narrow scope of claims permissible in a motion to correct an illegal sentence. See Edwards v. State, 112 Nev. 704, 708, 918 P.2d 321, 324 (1996). Therefore, without considering the merits of any of the claims raised in the motion, we conclude the district court did not err by denying the motion.

On appeal, Vargas contends the district court erred by not allowing him to participate in the hearing on this matter. He also seeks an order directing the Clerk of the Eighth Judicial District Court as to how it should organize filed documents. Vargas has not demonstrated any error in the above matters, and even if he had, he has not demonstrated they affected his substantial rights. We therefore conclude he is not entitled to relief in these matters. See NRS 178.598 (“Any error, defect, irregularity or variance which does not affect substantial rights shall be disregarded.”). Accordingly, we

ORDER the judgment of the district court AFFIRMED.