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Larkins v. State

Court of Appeals of Nevada
Aug 12, 2021
No. 82817-COA (Nev. App. Aug. 12, 2021)

Opinion

82817-COA

08-12-2021

JUSTIN ALEXANDER RASHAD LARKINS, Appellant, v. THE STATE OF NEVADA, Respondent.


UNPUBLISHED OPINION

ORDER OF AFFIRMANCE

GIBBONS, C.J.

Justin Alexander Rashad Larkins appeals from an order of the district court denying a motion for modification of sentence filed on February 10, 2021. Eighth Judicial District Court, Clark County; Tierra Danielle Jones, Judge.

In his motion, Larkins claimed that the victim made contradictory statements and that the sentencing court relied on his previous presentence investigation report (PSI), which did not contain information about the instant offense. Larkins did not assert there were any mistakes regarding his criminal history on the previous PSI. Because Larkins did not allege that a mistaken assumption about his criminal record worked to his extreme detriment, his claims fell outside the narrow scope of claims permissible in a motion to modify sentence. 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 by denying the motion. Accordingly, we

ORDER, the judgment of the district court AFFIRMED.

Tao, J., Bulla, J.

Hon. Tierra Danielle Jones, District Judge


Summaries of

Larkins v. State

Court of Appeals of Nevada
Aug 12, 2021
No. 82817-COA (Nev. App. Aug. 12, 2021)
Case details for

Larkins v. State

Case Details

Full title:JUSTIN ALEXANDER RASHAD LARKINS, Appellant, v. THE STATE OF NEVADA…

Court:Court of Appeals of Nevada

Date published: Aug 12, 2021

Citations

No. 82817-COA (Nev. App. Aug. 12, 2021)