Opinion
No. 73342
12-28-2017
MICHAEL JOSEPH ZELLIS, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Michael Joseph Zellis appeals from a district court order denying his motion to modify sentence to include presentence confinement credit. Eighth Judicial District Court, Clark County; Susan Johnson, Judge.
This appeal has been submitted for decision without oral argument. NRAP 34(f)(3).
Zellis claims the district court erred by denying the motion to modify sentence he filed on May 10, 2017. He asserts the district court failed to comply with NRS 176.055 and with the Nevada Supreme Court's decisions in Johnson v. State, 120 Nev. 296, 89 P.3d 669 (2004), and Kuykendall v. State, 112 Nev. 1285, 926 P.2d 781 (1996). And he argues he is entitled to approximately eight months of presentence confinement credit.
Zellis' claim 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). Accordingly, we conclude the district court did not err by summarily denying his motion to modify sentence to include presentence confinement credit, and we
A claim for presentence credit is a challenge to the validity of the judgment of conviction and sentence that must be raised either on direct appeal or in a postconviction petition for a writ of habeas corpus. Griffin v. State, 122 Nev. 737, 744, 137 P.3d 1165, 1169 (2006). --------
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Susan Johnson, District Judge
Michael Joseph Zellis
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk