Opinion
No. 71658
05-16-2017
SHANNON DEAN CARTER, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Shannon Carter appeals from an order of the district court denying the motion for modification of sentence he filed on August 8, 2016. Second Judicial District Court, Washoe County; Janet J. Berry, Judge.
This appeal has been submitted for decision without oral argument. NRAP 34(f)(3). --------
In his motion Carter claimed the district court relied on the presentence investigation report recommendation for sentencing which erroneously included a recommendation for lifetime supervision. Carter claimed this error worked to his extreme detriment and he should be allowed to withdraw his plea or be resentenced. Carters claim fell outside the narrow scope of claims permissible in a motion to modify. See Edwards v. State, 112 Nev. 704, 708, 918 P.2d 321, 324 (1996). Therefore, without considering the merits of any of the claims raised in the motion, we conclude the district court did not err in denying the motion. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Patrick Flanagan, Chief Judge
Second Judicial District Court, Dept. 3
Hon. Janet J. Berry, District Judge
Shannon Dean Carter
Attorney General/Carson City
Washoe County District Attorney
Washoe District Court Clerk