BROWN v. STATE (2021)

ORDER OF AFFIRMANCE

In his motion, Brown claimed his conviction and sentence were illegal because the 2019 changes to the drug possession and trafficking laws mean that he could only be convicted and sentenced for a category C felony and not a category B felony. Brown did not allege that the district court relied on mistaken assumptions regarding his criminal record that worked to his extreme detriment. And Brown failed to demonstrate that his sentence was facially illegal or the district court lacked jurisdiction. Brown was convicted and sentenced pursuant to the statute in effect at the time he committed his crime, see NRS 453.3385 (2015), and Brown failed to demonstrate the Legislature intended that the changes made in 2019 would apply retroactively, see State v. Second Judicial Dist. Court (Pullin), 124 Nev. 564, 567, 188 P.3d 1079, 1081 (2008). Therefore, we conclude the district court did not err by denying Brown's motion, see Edwards v. State, 112 Nev. 704, 708, 918 P.2d 321, 324 (1996), and we

ORDER the judgment of the district court AFFIRMED.