Opinion
No. 62990
10-16-2013
RICHARD ALLEN CAPRI, Appellant, v. THE STATE OF NEVADA, Respondent.
An unpublish|d order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER OF AFFIRMANCE
This is a proper person appeal from an order of the district court denying a "motion for modification of sentence for temporary release on house arrest for the purpose of having surgery." Eighth Judicial District Court, Clark County; Stefany Miley, 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 November 27, 2012, appellant sought an order modifying his sentence so that he could be released on house arrest for 90 days, which would allow him to undergo and recover from a surgical procedure. Appellant's claim was outside of the scope of a motion to modify sentence. See Edwards v. State, 112 Nev. 704, 708-09, 918 P.2d 321, 324-24 (1996). Appellant failed to demonstrate that the district court relied on mistaken assumptions regarding his criminal record that worked to his extreme detriment. See id. at 708, 918 P.2d at 324. 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 conclude that the district court did not err in denying appellant's motion for psychological evaluation and motion for transportation for surgery.
In addition, 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.
______________, J.
Hardesty
______________, J.
Parraguirre
______________, J.
Cherry
cc: Hon. Stefany Miley, District Judge
Richard Allen Capri
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk