Opinion
No. 69751
09-20-2016
SHAWN MICHAEL KENNEDY, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
This is an appeal from an order of the district court denying a motion for modification of sentence. Second Judicial District Court, Washoe County; Lynne K. Simons, Judge.
This appeal has been submitted for decision without oral argument. NRAP 34(f)(3). --------
Appellant Shawn Michael Kennedy argues the district court erred in denying his October 6, 2015, motion. Kennedy asserts the sentencing court improperly discussed and considered Kennedy's participation in the juvenile Rite of Passage program because his juvenile records should have been sealed. Kennedy fails to demonstrate he is entitled to relief.
At the sentencing hearing, the sentencing court stated it imposed lengthy prison terms due to the violent nature of Kennedy's offenses and the court's concern that Kennedy posed a serious risk of future danger to the community. Given the reasons stated on the record for the imposition of a lengthy sentence, Kennedy fails to demonstrate the sentencing 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 in denying the motion. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Silver cc: Hon. Lynne K. Simons, District Judge
Shawn Michael Kennedy
Attorney General/Carson City
Washoe County District Attorney
Washoe District Court Clerk