From Casetext: Smarter Legal Research

Gayler v. State

SUPREME COURT OF THE STATE OF NEVADA
May 15, 2019
No. 76526 (Nev. May. 15, 2019)

Opinion

No. 76526

05-15-2019

BRANDYN WILLIAM GAYLER, Appellant, v. THE STATE OF NEVADA, Respondent.


ORDER OF AFFIRMANCE

This is a pro se appeal from a district court order denying a motion to modify sentence. Eighth Judicial District Court, Clark County; Eric Johnson, Judge.

This appeal has been submitted for decision on the record without briefing or oral argument. NRAP 34(f)(3), (g); see also NRAP 31(d)(1); Luckett v. Warden, 91 Nev. 681, 682, 541 P.2d 910, 911 (1975).

Appellant argued that his sentence should be modified because the district court acknowledged that the sentence imposed was longer than it would have been had appellant not first been placed on probation. Appellant also challenged the decision to revoke his probation. Because appellant did not demonstrate that the sentencing court relied on 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 conclude that the district court did not err in denying appellant's May 22, 2018, motion. Accordingly, we

ORDER the judgment of the district court AFFIRMED.

/s/_________, C.J.

Gibbons /s/_________, J.
Stiglich /s/_________, J.
Silver cc: Hon. Eric Johnson, District Judge

Brandyn William Gayler

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk


Summaries of

Gayler v. State

SUPREME COURT OF THE STATE OF NEVADA
May 15, 2019
No. 76526 (Nev. May. 15, 2019)
Case details for

Gayler v. State

Case Details

Full title:BRANDYN WILLIAM GAYLER, Appellant, v. THE STATE OF NEVADA, Respondent.

Court:SUPREME COURT OF THE STATE OF NEVADA

Date published: May 15, 2019

Citations

No. 76526 (Nev. May. 15, 2019)