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