AGOSTINO v. STATE (2021)

ORDER OF AFFIRMANCE

Frank Salvatore D'Agostino appeals from an order of the district court denying a motion to correct illegal sentence. Eighth Judicial District Court, Clark County; Jacqueline M. Bluth, Judge.

In his motion, D'Agostino claimed he was denied due process; the deadly weapon additional penalty provided through NRS 193.165 is unconstitutional; and the 2007 amendments to NRS 193.165 should be applied retroactively to his case. D'Agostino'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 judgment of the district court AFFIRMED.