Opinion
No. 70481
04-19-2017
DEVION LACHARLES LAWRENCE, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Appellant Devion Lawrence appeals from a district court order denying the motion to modify sentence Lawrence filed on April 11, 2016. Eighth Judicial District Court, Clark County; Stefany Miley, Judge.
This appeal has been submitted for decision without oral argument. NRAP 34(f)(3). --------
Lawrence claims the district court erred by denying his motion to modify his sentence. He asserts his sentence should be modified because the district court failed to make the factual findings required by NRS 193.165 before imposing the deadly weapon enhancement. He asks this court to modify his sentence for the deadly weapon enhancement to a term of 1 to 6 years.
Lawrence's claim fell outside the narrow scope of claims permissible in a motion to modify sentence because it did not allege his sentence was based on mistaken assumptions about his criminal record that worked to his extreme detriment. See Edwards v. State, 112 Nev. 704, 708, 918 P.2d 321, 324 (1996). Therefore, without considering the merit of the claim 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. Stefany Miley, District Judge
Devion Lacharles Lawrence
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk