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Reed v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Oct 20, 2015
No. 67822 (Nev. App. Oct. 20, 2015)

Opinion

No. 67822

10-20-2015

DEMARIO EDWARD REED, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 an appeal from a district court order denying a motion to modify sentence. Eighth Judicial District Court, Clark County; Jennifer P. Togliatti, Judge.

This appeal has been submitted for decision without oral argument, see NRAP 34(f)(3), and we conclude 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 March 4, 2015, appellant Demario Reed argued his sentence should be modified because his defense attorney coerced him into entering his guilty plea and defense counsel was ineffective for failing to investigate his case. These 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 (1994). Reed also claimed the district court relied upon a presentence investigation report that contained his juvenile history. However, Reed failed to make any showing the district court relied "on mistaken assumptions about [his] criminal record which work to [his] extreme detriment." Id. Accordingly, we conclude the district court did not err by denying Reed's motion, and we

ORDER the judgment of the district court AFFIRMED.

/s/_________, C.J.

Gibbons

/s/_________, J.

Tao

/s/_________, J.

Silver
cc: Hon. Jennifer P. Togliatti, District Judge

Demario Edward Reed

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk


Summaries of

Reed v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Oct 20, 2015
No. 67822 (Nev. App. Oct. 20, 2015)
Case details for

Reed v. State

Case Details

Full title:DEMARIO EDWARD REED, Appellant, v. THE STATE OF NEVADA, Respondent.

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Oct 20, 2015

Citations

No. 67822 (Nev. App. Oct. 20, 2015)