Opinion
No. 64713
05-13-2014
DAVID MARISCAL, Appellant, v. THE STATE OF NEVADA, Respondent.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER OF AFFIRMANCE
This is a proper person appeal from an order denying a motion for sentence modification. Second Judicial District Court, Washoe County; Brent T. Adams, 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 Luckett v. Warden, 91 Nev. 681, 682, 541 P.2d 910, 911(1975).
In his motion filed on August 30, 2013, appellant claimed he has been denied timely parole consideration as contemplated by the district court when it amended the judgment of conviction in 2007 and he was not informed of aggregation of sentences for parole purposes. Appellant also sought additional credits for time served. Appellant's claims 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, without considering the merits of any of the claims raised in the motion, we conclude that the district court did not err in denying the motion. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
__________, J.
Hardesty
__________, J.
Douglas
__________, J.
Cherry
cc: Hon. Brent T. Adams, District Judge
David Mariscal
Attorney General/Carson City
Washoe County District Attorney
Washoe District Court Clerk