KNIGHT v. STATE (2021)

ORDER OF AFFIRMANCE

Michael Ray Knight appeals from identical orders of the district court denying identical motions to correct an illegal sentence filed on July 8, 2020, in district court case number CR99-2100 (Docket No. 81998) and district court case number CR10-1022 (Docket No. 81999). These cases were consolidated on appeal. See NRAP 3(b). Second Judicial District Court, Washoe County; Connie J. Steinheimer, Judge.

In his motions, Knight sought the retroactive application of A.B. 236, which amended the habitual criminal statutes. Knight did not allege the district court exceeded its jurisdiction or his sentences were in excess of the statutory maximum. Accordingly, Knight'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. Accordingly, we

ORDER the judgments of the district court AFFIRMED.¹

FOOTNOTES

1.   Knight alleges for the first time on appeal that the district court lacked jurisdiction to adjudicate him a habitual criminal. We decline to consider new argument on appeal. See McNelton v. State, 115 Nev. 396, 416, 990 P.2d 1263, 1276 (1999).