Opinion
No. 74906
09-21-2018
PHILIP STOTT, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Phillip Stott appeals from an order of the district court denying a motion for modification of sentence. Second Judicial District Court, Washoe County; Egan K. Walker, Judge.
This appeal has been submitted for decision without oral argument. NRAP 34(f)(3). --------
Stott argues the district court erred by denying his October 12, 2017, motion. In his motion, Stott acknowledged that he had 14 prior felony convictions when he was sentenced in 2010, but asserted that he should receive a new sentencing hearing because 11 of those convictions have recently been reduced to misdemeanors. Stott did not allege the sentencing court relied on mistaken assumptions regarding his criminal record that worked to his extreme detriment and, therefore, his claim fell outside the narrow scope of claims permissible in a motion for modification of sentence. See Edwards v. State, 112 Nev. 704, 708, 918 P.2d 321, 324 (1996). Accordingly, 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, and we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Egan K. Walker, District Judge
Philip Stott
Attorney General/Carson City
Washoe County District Attorney
Washoe District Court Clerk