Opinion
No. 71706
10-11-2017
PHILLIP HARRY HUGHES, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Phillip Harry Hughes appeals from an order of the district court denying the motion to modify sentence he filed on September 16, 2016. Eighth Judicial District Court, Clark County; Douglas Smith, Judge.
This appeal has been submitted for decision without oral argument. NRAP 34(f)(3). --------
Hughes claims the district court erred by denying his motion to modify sentence because his sentence constituted cruel and unusual punishment, the sentencing court did not take into consideration he did not have any prior criminal history, and there were errors in the presentence investigation report (PSI). Hughes' claims regarding his sentence constituting cruel and unusual punishment 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). Further, Hughes failed to demonstrate the district court relied on mistaken assumptions regarding his criminal record that worked to his extreme detriment. Id. The fact Hughes did not have any prior criminal history was presented at sentencing and Hughes failed to specify any errors in the PSI in his petition filed below. To the extent he argues on appeal the PSI contained aliases that were not his, this claim was not raised below and we decline to consider it for the first time on appeal. McNelton v. State, 115 Nev. 396, 416, 990 P.2d 1263, 1276 (1999). Therefore, we conclude the district court did not err in denying Hughes' motion, and we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Douglas Smith, District Judge
Phillip Harry Hughes
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk