Opinion
No. 77914-COA
10-08-2019
WILLIAM DOUGLAS MAMER, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
William Douglas Mamer appeals from an order of the district court denying a motion to modify sentence. Eighth Judicial District Court, Clark County; Michelle Leavitt, Judge.
In his October 11, 2018, motion, Mamer first claimed the presentence investigation report (PSI) contained errors concerning the dates of his arrests and offenses, mislabeled prior convictions as gross misdemeanors when they were actually misdemeanors, did not provide sufficient information concerning his prior probationary terms, and contained inconsistencies concerning the number of prior felony offenses. In the written plea agreement, Mamer stipulated to receiving an aggregate sentence of four to ten years in prison. The sentencing court imposed the sentence to which the parties had stipulated. As the sentencing court imposed the stipulated sentence, Mamer did not demonstrate any of the alleged errors contained within the PSI worked to his extreme detriment. See Edwards v. State, 112 Nev. 704, 708, 918 P.2d 321, 324 (1996). Therefore, the district court did not err by denying these claims.
Next, Mamer claimed the PSI contained inaccurate information concerning the crime, he did not receive the PSI in a timely manner prior to the sentencing hearing, and his defense attorney improperly told him not to advise the sentencing court of any errors contained in the PSI out of fear it would undo the plea agreement. These claims fell outside the narrow scope of claims permissible in a motion to modify sentence. See id. Therefore, without considering the merits of these claims, we conclude the district court did not err by denying the motion. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Bulla cc: Hon. Michelle Leavitt, District Judge.
William Douglas Mamer
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk