Opinion
No. 59099.
12-07-2011
Barbaro V. GRASS, Appellant, v. The STATE of Nevada, Respondent.
Barbaro V. Grass Attorney General/Carson City Clark County District Attorney
Barbaro V. Grass
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 sentence.” Eighth Judicial District Court, Clark County; Joseph T. Bonaventure, 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
In his motion, filed on July 7, 2011, appellant requested an order amending his presentence investigation report (PSI) on the grounds that it contained incorrect information. The record on appeal supports the decision of the district court to deny relief. Any claim of error in the PSI must have been made to the district court at or before appellant's November 16, 1990, sentencing hearing or on direct appeal. Stockmeier v. State, Bd. of Parole Comm'rs, 127 Nev. ––––, ––––, 255 P.3d 209, 211 (2011). To the extent appellant sought to modify his sentence, he failed to demonstrate that the district court sentenced him based on mistaken assumptions regarding his criminal record that worked to his extreme detriment. Edwards v. State, 112 Nev. 704, 708, 918 P.2d 321, 324 (1996). To the extent appellant sought to correct an illegal sentence, he failed to demonstrate that his sentence was facially illegal or that the district court lacked jurisdiction. Id. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
Luckett v. Warden, 91 Nev. 681, 682, 541 P.2d 910, 911 (1975).