From Casetext: Smarter Legal Research

Matthews v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Mar 14, 2018
No. 73699 (Nev. App. Mar. 14, 2018)

Opinion

No. 73699

03-14-2018

EUGENE LARRY MATTHEWS, Appellant, v. THE STATE OF NEVADA, Respondent.


ORDER OF AFFIRMANCE

Eugene Larry Matthews appeals from the district court order denying the motion to modify and reduce sentence he filed on May 24, 2017. Eighth Judicial District Court, Clark County; Susan Johnson, Judge.

This appeal has been submitted for decision without oral argument. NRAP 34(f)(3). --------

In his motion, Matthews claimed the district court, in considering his past offenses, failed to consider the fact his 12 prior felony convictions all arose out of a single incident that occurred 20 years ago. However, the record on appeal reveals Matthews amassed 14 felony convictions and 8 misdemeanor convictions during the 22 years preceding his sentencing in the instant case. Given this record, we conclude Matthews cannot show the district court relied "on mistaken assumptions about [his] criminal record which work to [his] extreme detriment" and therefore the district court did not err by denying his motion. Edwards v. State, 112 Nev. 704, 708, 918 P.2d 321, 324 (1994). Accordingly, we

ORDER the judgment of the district court AFFIRMED.

/s/_________, C.J.

Silver

/s/_________, J.

Tao

/s/_________, J.

Gibbons cc: Hon. Susan Johnson, District Judge

Eugene Matthews

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk


Summaries of

Matthews v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Mar 14, 2018
No. 73699 (Nev. App. Mar. 14, 2018)
Case details for

Matthews v. State

Case Details

Full title:EUGENE LARRY MATTHEWS, Appellant, v. THE STATE OF NEVADA, Respondent.

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Mar 14, 2018

Citations

No. 73699 (Nev. App. Mar. 14, 2018)