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Marlow v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Jan 24, 2020
No. 78087-COA (Nev. App. Jan. 24, 2020)

Opinion

No. 78087-COA

01-24-2020

JESS MARLOW, Appellant, v. THE STATE OF NEVADA, Respondent.


ORDER OF AFFIRMANCE

Jess Marlow appeals from an order of the district court denying a motion to modify or correct an illegal sentence. Second Judicial District Court, Washoe County; Egan K. Walker, Judge.

In his motion filed on June 4, 2018, Marlow claimed that the presentence investigation report (PSI) contained inaccurate information concerning his criminal record. The district court reviewed Marlow's motion and found that Marlow did not provide sufficient explanation concerning any alleged errors or how those alleged errors worked to his extreme detriment. Because Marlow failed to allege specific facts to support his claim, the district court found Marlow failed 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). The district court also found Marlow failed to demonstrate that his sentence was facially illegal or the sentencing court lacked jurisdiction. See id. The record supports the district court's findings. Therefore, we conclude the district court did not err by denying Marlow's motion. Accordingly, we

ORDER the judgment of the district court AFFIRMED.

/s/_________, C.J.

Gibbons

/s/_________, J.

Tao

/s/_________, J.

Bulla cc: Hon. Egan K. Walker, District Judge

Timothy R. Treffinger

Attorney General/Carson City

Washoe County District Attorney

Washoe District Court Clerk


Summaries of

Marlow v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Jan 24, 2020
No. 78087-COA (Nev. App. Jan. 24, 2020)
Case details for

Marlow v. State

Case Details

Full title:JESS MARLOW, Appellant, v. THE STATE OF NEVADA, Respondent.

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Jan 24, 2020

Citations

No. 78087-COA (Nev. App. Jan. 24, 2020)