Opinion
No. 66722
02-24-2015
AHUD CHAZIZA, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 an appeal from a district court order denying a motion to modify sentence. Eighth Judicial District Court, Clark County; Valerie Adair, Judge.
This appeal has been submitted for decision without oral argument, see 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).
In his motion filed on August 11, 2014, appellant claimed that the district court imposed a sentence for one of his counts that was greater than the potential prison term listed in the guilty plea agreement and the Division of Parole and Probation's recommendation. Appellant also appears to have claimed that the district court's sentencing decision was based upon an erroneous presentence investigation report.
The guilty plea agreement stated that the prison term for robbery would not be less than 2 years and not be more than 15 years, the Division of Parole and Probation recommended a prison term of 2 to 7 years, and the district court imposed a prison term of 5 to 15 years.
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Appellant failed to demonstrate that the district court's sentencing decision was based upon mistaken assumptions regarding his criminal record that worked to his extreme detriment. See Edwards v. State, 112 Nev. 704, 708, 918 P.2d 321, 324 (1996). We note that both the prosecutor and defense counsel informed the district court of errors in the presentence investigation report during the sentencing hearing. We conclude that the district court did not err in denying appellant's motion to modify sentence, and we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Silver
cc: Hon. Valerie Adair, District Judge
Ahud Chaziza
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk