Opinion
No. 63334
12-13-2013
ANGEL ANN GIARMO, Appellant, v. THE STATE OF NEVADA, Respondent.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 denying a motion to modify sentence. Eighth Judicial District Court, Clark County; Valorie J. Vega, 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 her motion filed on April 5, 2013, appellant claimed that the presentence investigation report contained errors relating to the number of incarcerations and convictions, she was not provided the correct amount of presentence credits in the judgment of conviction, and her attorney failed to communicate or file motions and told her she would receive a sentence of 38 to 96 months. To the extent that appellant challenged the presentence credits and her counsel's representation, appellant's claims fell outside the narrow scope of claims permissible in a motion to modify or correct an illegal sentence. See Edwards v. State, 112 Nev. 704, 708, 918 P.2d 321, 324 (1996). Therefore, without considering the merits of any of these claims, we conclude that the district court did not err in denying the motion. To the extent that appellant challenged the information in the presentence investigation report, appellant failed to demonstrate that the district court relied on mistaken assumptions regarding her criminal record that worked to her extreme detriment. See id. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
_________________, C.J.
Pickering
_________________, J.
Hardesty
_________________, J.
Cherry
cc: Hon. Valorie J. Vega, District Judge
Angel Ann Giarmo
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk