Opinion
No. 73170
06-13-2018
STEVEN SAMUEL BRAUNSTEIN A/K/A STEVEN SAMUEL JALBERT, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Steven Samuel Braunstein appeals from a district court order denying a motion to modify a sentence filed on May 2, 2017. Eighth Judicial District Court, Clark County; Stefany Miley, Judge.
This appeal has been submitted for decision without oral argument. NRAP 34(f)(3).
Braunstein appears to claim the district court lost subject matter jurisdiction over his case when it vacated the restitution awarded in his judgment of conviction because the absence of a restitution award meant he was no longer guilty of a felony and he should have been sentenced for a misdemeanor.
Braunstein raised a very similar claim in his motion to correct an illegal sentence. See Braunstein v. State, Docket No. 70392 (Order of Affirmance, February 23, 2017). --------
"[A] motion to modify a sentence is limited in scope to sentences based on mistaken assumptions about a defendant's criminal record which work to the defendant's extreme detriment." Edwards v. State, 112 Nev. 704, 708, 918 P.2d 321, 324 (1996). The district court may summarily deny a motion to modify sentence if the motion raises issues that fall outside of the very narrow scope of issues permissible in such motions. Id. at 708 n.2, 918 P.2d at 325 n.2.
We conclude the district court did not err by denying Braunstein's motion because he failed to demonstrate the district court relied upon mistaken assumptions about his criminal record and his challenge to the validity of his sentence fell outside the narrow scope of claims that may be raised in a motion to modify sentence. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Stefany Miley, District Judge
Steven Samuel Braunstein
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk