Opinion
No. 76803-COA
05-17-2019
JIHAD ANTHONY ZOGHEIB, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Jihad Anthony Zogheib appeals from an order of the district court denying a "motion to vacate or modify judgment pursuant to NRS 176.555," filed on December 28, 2017, and supplemental pleadings filed on February 5, 2018, and April 19, 2018. Eighth Judicial District Court, Clark County; Jerry A. Wiese, Judge.
This appeal has been submitted for decision without oral argument. NRAP 34(f)(3).
Zogheib claimed that his probation should not have been revoked for gambling, because neither his judgment of conviction nor the document containing the terms and conditions of his probation prohibited gambling. Zogheib's claims fell outside the narrow scope of claims permissible in a motion to modify or correct an illegal sentence. See Edwards v. State, 112 Nev. 704, 708, 918 P.2d 321, 324 (1996). He did not allege the district court relied on mistaken assumptions regarding his criminal record that worked to his extreme detriment, and a motion to correct an illegal sentence is not the appropriate vehicle to challenge alleged errors in proceedings that occurred before the sentence was imposed. See id. Therefore, without considering the merits of any of the claims raised, we conclude the district court did not err by denying the motion. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
In light of this order, we deny Zogheib's motion for bail pending appeal. --------
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Bulla cc: Hon. Jerry A. Wiese, District Judge
Jihad Anthony Zogheib
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk