RICHARD MARTICIO HEYNE v. THE STATE OF NEVADA (2024)

ORDER OF AFFIRMANCE

Richard Marticio Heyne appeals from a district court order denying a motion to modify his sentence filed on October 26, 2023. Eighth Judicial District Court, Clark County; Crystal Eller, Judge.

In his motion, Heyne claimed his sentence should be modified because one of his two victims recanted the allegations against him. “[A] motion to modify a sentence is limited in scope to sentences based on mistaken assumptions about a defendant's criminal record which work to the defendant's extreme detriment.” Edwards v. State, 112 Nev. 704, 708, 91.8 P.2d 321, 324 (1996).

Without considering the merits of Heyne's claim, we conclude it falls outside the narrow scope of claims permissible in a motion to modify. Therefore, we conclude the district court did not err by denying Heyne's motion, and we

ORDER the judgment of the district court AFFIRMED.

Gibbons, C.J.

Bulla, J.

Westbrook, J.