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Garcia v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Oct 9, 2020
473 P.3d 463 (Nev. App. 2020)

Opinion

No. 80120-COA

10-09-2020

Carlos Geovani GARCIA, Jr., Appellant, v. The STATE of Nevada, Respondent.

Carlos Geovani Garcia, Jr. Attorney General/Carson City Clark County District Attorney


Carlos Geovani Garcia, Jr.

Attorney General/Carson City

Clark County District Attorney

ORDER OF AFFIRMANCE

Carlos Geovani Garcia, Jr., appeals from a district court order denying a motion for modification of sentence filed on October 10, 2019. Eighth Judicial District Court, Clark County; Jacqueline M. Bluth, Judge.

In his motion, Garcia claimed the presentence investigation report (PSI) contained errors that could have affected his sentence. He claimed it reflected an inaccurate number of prior incarcerations and the offense synopsis wrongly stated he admitted to being the gunman in all of the robberies. The PSI recommended an aggregated term of 8 to 34 years, but Garcia was sentenced to an aggregate term of 7 to 25 years. Garcia failed to demonstrate 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). Therefore, we conclude the district court did not err by denying Garcia's motion. Accordingly, we

ORDER the judgment of the district court AFFIRMED.


Summaries of

Garcia v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Oct 9, 2020
473 P.3d 463 (Nev. App. 2020)
Case details for

Garcia v. State

Case Details

Full title:CARLOS GEOVANI GARCIA, JR., Appellant, v. THE STATE OF NEVADA, Respondent.

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Oct 9, 2020

Citations

473 P.3d 463 (Nev. App. 2020)