Stately (Brian) v. State

Second, Stately contends that the district court erred by denying his motion to modify sentence. The district court denied Stately's motion on the grounds that his claims fell outside the scope of those permissible in such a motion. We agree because Stately did not allege that the district court sentenced him based upon 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). Accordingly, we ORDER the judgment of the district court AFFIRMED. \ J. Hardest 42-4-t Douglas cc: Hon. Elliott A. Sattler, District Judge David Kalo Neidert Attorney General/Carson City Washoe County District Attorney Washoe District Court Clerk SUPREME COURT OF NEVADA 2 CJ) 1947A we E,TIOSt