Opinion
No. 58207.
09-15-2011
Martin ANDRADE, Appellant, v. The STATE of Nevada, Respondent.
Martin Andrade Attorney General/Carson City Clark County District Attorney
Martin Andrade
Attorney General/Carson City
Clark County District Attorney
ORDER OF AFFIRMANCE
This is a proper person appeal from a motion to vacate and modify sentence. Eighth Judicial District Court, Clark County; Jerome T. Tao, Judge.
This appeal has been submitted for decision without oral argument, 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 March 28, 2011, appellant claimed that the presentence report incorrectly stated that the offense involved a gang shooting. Appellant further claimed that the district court relied on mistakes in the section describing the offense in the presentence investigation report, mistakes which made it seem like he had the intent to kill when he shot into an occupied vehicle. Appellant appeared to claim that despite the fact that he entered a guilty plea to attempted murder with a deadly weapon, the district court should have only convicted and sentenced him for the crime of assault with a deadly weapon. Appellant failed to demonstrate that the district 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). Appellant cannot challenge the validity of his guilty plea in a motion to modify sentence. We therefore conclude that the district court did not err in denying appellant's motion. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
We have reviewed all documents that appellant has submitted in proper person to the clerk of this court in this matter, and we conclude that no relief based upon those submissions is warranted. To the extent that appellant has attempted to present claims or facts in those submissions which were not previously presented in the proceedings below, we have declined to consider them in the first instance.
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