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Mitchell v. State

Court of Appeals of Nevada.
Jan 20, 2022
502 P.3d 185 (Nev. App. 2022)

Opinion

No. 83286-COA

01-20-2022

Robert Lee MITCHELL, Appellant, v. The STATE of Nevada, Respondent.

Robert Lee Mitchell Attorney General/Carson City Washoe County District Attorney


Robert Lee Mitchell

Attorney General/Carson City

Washoe County District Attorney

ORDER OF AFFIRMANCE

Mitchell argues the district court erred by denying his May 14, 2021, motion without first conducting an evidentiary hearing. In his motion, Mitchell requested a new sentencing hearing in this matter and in a separate, unrelated criminal case. Mitchell asserted that the sentences in both cases should have been imposed concurrently and contended that he should have been sentenced to a shorter term in the separate, unrelated case.

Mitchell'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 the district court did not err by denying the motion without conducting an evidentiary hearing. See Hargrove v. State , 100 Nev. 498, 502-03, 686 P.2d 222, 225 (1984). Accordingly, we

ORDER the judgment of the district court AFFIRMED.


Summaries of

Mitchell v. State

Court of Appeals of Nevada.
Jan 20, 2022
502 P.3d 185 (Nev. App. 2022)
Case details for

Mitchell v. State

Case Details

Full title:Robert Lee MITCHELL, Appellant, v. The STATE of Nevada, Respondent.

Court:Court of Appeals of Nevada.

Date published: Jan 20, 2022

Citations

502 P.3d 185 (Nev. App. 2022)