Lewis (Willie) v. State ( 2016 )

IN THE SUPREME COURT OF THE STATE OF NEVADA
WILLIE SEAL LEWIS, No. 69033
Appellant,
vs.
THE STATE OF NEVADA, FILED
Respondent.
JUN 1 7 2015
ORDER OF AFFIRMANCE
This is a pro se appeal from an order of the district court
denying a motion to modify or correct an illegal sentence.' Eighth Judicial
District Court, Clark County; Richard Scotti, Judge.
Appellant argues that the district court erred in denying his
September 17, 2015, motion. Specifically, appellant argues that the
deadly weapon sentence enhancement was illegal pursuant to NRS
193.165(4) because use of a deadly weapon was a necessary element of the
offense as charged—robbery with the use of a deadly weapon. Appellant's
claim fell outside the narrow scope of claims permissible in a motion to
modify sentence. See Edwards v. State, 112 Nev. 704, 708, 918 P.2d 321,
324 (1996). The use of a deadly weapon is not a necessary element of the
offense of robbery, see NRS 200.380(1), and the State properly set forth the
deadly weapon enhancement with the robbery count as the deadly weapon
enhancement does not create a separate offense, see NRS 193.165(3).
'Having considered the pro se brief filed by appellant, we conclude
that a response is not necessary. NRAP 46A(c). This appeal therefore has
been submitted for decision based on the pro se brief and the record. See
NRAP 34(0(3).
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Thus, appellant fails to demonstrate that his sentence was facially illegal.
See Edwards, 112 Nev. at 708, 918 P.2d at 324. Therefore, we conclude
that the district court did not err in denying the motion.' Accordingly, we
ORDER the judgment of the district court AFFIRMED.
J.
J.
J.
Gibbons
cc: Hon. Richard Scotti, District Judge
Willie Seal Lewis
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
'We decline to consider appellant's argument that the deadly
weapon enhancement violates double jeopardy because appellant did not
present that argument in the district court.
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