Opinion
No. 57664.
06-08-2011
David E. DUDO, Appellant, v. The STATE of Nevada, Respondent.
David E. Dudo Attorney General/Carson City Clark County District Attorney
David E. Dudo
Attorney General/Carson City
Clark County District Attorney
ORDER OF AFFIRMANCE
This is a proper person appeal from an order of the district court denying a motion to correct or modify sentence. Eighth Judicial District Court, Clark County; Douglas W. Herndon, 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 December 8, 2010, appellant claimed that the district attorney misstated facts about the instant offense at the plea hearing. Appellant failed to demonstrate that his sentence was facially illegal and that the district court lacked jurisdiction. See Edwards v. State. 112 Nev. 704, 708, 918 P.2d 321, 324 (1996). Appellant further failed to demonstrate that the district court relied on mistaken assumptions regarding his criminal record that worked to his extreme detriment. See id. 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.