Opinion
No. 66545
02-24-2015
ERIC WILLIAM ZESSMAN, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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. First Judicial District Court, Carson City; James Todd Russell, 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 April 11, 2014, appellant stated that he and his codefendant were tried together, they were convicted of first-degree murder, and their convictions were modified from first-degree murder to second-degree murder on direct appeal. He argued that because his codefendant's judgment of conviction had been discharged so too should his judgment of conviction be discharged or, alternatively, modified to impose a term of years instead of life with the possibility of parole. And he asserted that, pursuant to the Equal Protection Clause, he should have the same opportunity as his codefendant to have his judgment of conviction discharged. However, Appellant's claim 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). Accordingly, we conclude that the district court did not err by denying his motion, and we
In Zessman v. State, 94 Nev. 28, 573 P.2d 1174 (1978), the Nevada Supreme Court modified the Zessmans' judgments of conviction pursuant to NRS 177.265 after concluding that they had been deprived of due process and at the express request of the State.
The Nevada Department of Correction's website does not indicate that Mary E. Zessman has been discharged, but rather that she has been granted parole.
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ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Silver
cc: Hon. James Todd Russell, District Judge
Eric William Zessman
Attorney General/Carson City
Carson City District Attorney
Carson City Clerk