MARCUS SHEREEF MCNEAL v. JERRY HOWELL WARDEN (2023)

ORDER OF AFFIRMANCE

Marcus Shereef McNeal appeals from an order of the district court denying a motion to modify or correct an illegal sentence filed on March 11, 2022. Eighth Judicial District Court, Clark County; Crystal Eller, Judge.

In his motion, McNeal claimed his trial was “plagued by structural errors,” the State could not charge him with attempted murder because it required citing to more than one statute, and NRS 193.169 makes NRS 193.165 null and void. McNeal failed to demonstrate the district court relied on mistaken assumptions regarding his criminal record that worked to his extreme detriment. McNeal also failed to demonstrate that his sentence was facially illegal or the district court lacked jurisdiction. Therefore, we conclude the district court did not err by denying McNeal's motion. See Edwards v. State, 112 Nev. 704, 708, 918 P.2d 321, 324 (1996). Accordingly, we

ORDER the judgment of the district court AFFIRMED.

Gibbons, C.J.

Bulla, J.

Westbrook, J.