CHRISTOPHER GENE ASHOFF v. THE STATE OF NEVADA (2025)

ORDER OF AFFIRMANCE

Christopher Gene Ashoff appeals from a district court order denying a motion for modification of sentence filed on February 4, 2025. Eighth Judicial District Court, Clark County; Michelle Leavitt, Judge.

In his motion, Ashoff asked the district court to order his sentences to run concurrently or to reduce his sentences. In support of the request, he asserted his counsel was ineffective, referenced the amendments made to the deadly weapon enhancement statute in 2007, and argued about his childhood trauma, substance abuse and mental health issues, purported diminished capacity at the time of the offenses, lack of rehabilitation programming in prison, and home plan upon release from custody.

“[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, 918 P.2d 321, 324 (1996). The district court may summarily deny a motion to modify a sentence if the motion raises issues that fall outside the very narrow scope of issues permissible in such a motion. Id. at 708 n.2, 918 P.2d at 325 n.2.

Without considering the merits of Ashoff's claims, we conclude they fell outside the narrow scope of claims permissible in a motion to modify a sentence. Therefore, we conclude the district court did not err by summarily denying the motion, and we

ORDER the judgment of the district court AFFIRMED.

Bulla, C.J.

Gibbons, J.

Westbrook, J.