Opinion
No. 67891
12-18-2015
TIMOTHY HOWARD JOHNSON, Appellant, v. THE STATE OF NEVADA, Respondent.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER OF AFFIRMANCE
This is a pro se appeal from a district court order denying a motion to correct an illegal sentence. Second Judicial District Court, Washoe County; Jerome M. Polaha, Judge.
This appeal has been submitted for decision without oral argument, NRAP 34(f)(3), and we conclude that the record is sufficient for our review and briefing is unwarranted. See Luckett v. Warden, 91 Nev. 681, 682, 541 P.2d 910, 911 (1975). --------
Appellant contends that his sentence was illegal because he did not knowingly, voluntarily, and intelligently choose to represent himself at trial. Appellant fails to demonstrate that his sentence was facially illegal or that the district court lacked jurisdiction to sentence him. See Edwards v. State, 112 Nev. 704, 708, 918 P.2d 321, 324 (1996) (explaining the scope of a motion to correct an illegal sentence). See generally Custis v. United States, 511 U.S. 485, 496 (1994); Faretta v. California, 422 U.S. 806 (1975). Therefore, without considering the merits of appellant's challenge to his Faretta canvass, we conclude that appellant fails to demonstrate that the district court erred by denying his motion. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
/s/_________, J.
Saitta
/s/_________, J.
Gibbons
/s/_________, J.
Pickering cc: Hon. Jerome M. Polaha, District Judge
Timothy Howard Johnson
Attorney General/Carson City
Washoe County District Attorney
Washoe District Court Clerk