Opinion
No. 71298
08-16-2017
LAWRENCE RONALD VALENTINE, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Lawrence Ronald Valentine appeals from a district court order denying his July 14, 2016, motion to modify and/or correct an illegal sentence. Eighth Judicial District Court, Clark County; Michael Villani, Judge.
This appeal has been submitted for decision without oral argument and we conclude the record is sufficient for our review and briefing is unwarranted. NRAP 34(f)(3), (g). We have reviewed all documents Valentine has filed in this matter, and we conclude no relief based upon those submissions is warranted. --------
Valentine first argues his sentence is excessive and his presentence investigation report contained factual errors and misleading statements that prejudiced him at sentencing. Valentine fails to demonstrate his sentence was facially illegal or to identify any error or misleading statement and thus fails to demonstrate the district 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).
Valentine next argues the district court relied on other flawed documentation and recommendations from a biased justice of the peace that prejudiced him and worked to his extreme detriment. Valentine did not raise this argument below, and we decline to consider it on appeal in the first instance. See Rimer v. State, 131 Nev. ___, ___ n.3, 351 P.3d 697, 713 n.3 (2015).
Finally, Valentine's claim his second amended information contains inconsistencies is outside the narrow scope of claims permissible in a motion to modify or correct an illegal sentence. See Edwards, 112 Nev. at 708, 918 P.2d at 324.
For the foregoing reasons, we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Michael Villani, District Judge
Lawrence Ronald Valentine
Attorney General/Carson City
Attorney General/Las Vegas
Eighth District Court Clerk