Opinion
No. 58024.
07-13-2011
Trent DIRDEN, Appellant, v. The STATE of Nevada, Respondent.
Trent Dirden Attorney General/Carson City Clark County District Attorney
Trent Dirden
Attorney General/Carson City
Clark County District Attorney
ORDER OF AFFIRMANCE
This is a proper person appeal from an order denying a motion to vacate and modify judgment. Eighth Judicial District Court, Clark County; Michael Villani, 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 1, 2011, appellant 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 intended to kill the victim. Appellant appeared to claim that despite the fact that the jury found him guilty of second-degree murder, the district court should have found him guilty of involuntary manslaughter and sentenced him accordingly. 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.
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.