Opinion
No. 58219.
09-15-2011
Gerald Thomas DEVINE, Appellant, v. The STATE of Nevada, Respondent.
Gerald Thomas Devine Attorney General/Carson City Washoe County District Attorney
Gerald Thomas Devine
Attorney General/Carson City
Washoe County District Attorney
ORDER OF AFFIRMANCE
This is a proper person appeal from an order denying a motion for modification of sentence. Second Judicial District Court, Washoe County; Brent T. Adams, 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
In his motion filed on September 29, 2010, appellant requested his sentence be modified because he had been employed when the crime was committed and he had no prior convictions. 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). 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.
Luckett v. Warden, 91 Nev. 681, 682, 541 P.2d 910, 911 (1975).