Opinion
No. 73167
04-24-2018
DAVID ANTHONY GONZALEZ, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
David Anthony Gonzalez appeals from an order of the district court denying the motion to modify sentence filed on April 17, 2017. Eighth Judicial District Court, Clark County; William D. Kephart, Judge.
This appeal has been submitted for decision without oral argument and we conclude the record is sufficient for our review and briefing is unwarranted. NRAP 34(f)(3), (g). --------
In his motion, Gonzalez claimed there was insufficient evidence produced at trial to show he used a deadly weapon during his crimes. Gonzalez' claim fell outside the narrow scope of claims permissible in a motion to modify sentence. 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 the motion.
Further, as a separate and independent ground to deny relief, Gonzalez failed to demonstrate insufficient evidence supported his conviction for use of a deadly weapon. The jury found Gonzalez used a deadly weapon during the crimes, and the Nevada Supreme Court found sufficient evidence to support the jury's verdict. See Gonzalez v. State, Docket No. 67148 (Order Affirming in Part, Reversing in Part and Remanding, May 12, 2016). Accordingly, we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. William D. Kephart, District Judge
David Anthony Gonzalez
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk