MANTY CASTANEDA MARTY EDWARD CASTANEDA v. THE STATE OF NEVADA (2026)

ORDER OF AFFIRMANCE

Manty Castaneda appeals from a district court order denying a motion to modify sentence filed on March 19, 2025.¹ Eighth Judicial District Court, Clark County; Christy L. Craig, Judge.

Castaneda was convicted, pursuant to a guilty plea, of burglary, a category B felony, and was sentenced to 4 to 10 years in prison. In his motion, Castaneda requested the district court change his offense to a category C or D felony because the State never proved he entered a Target store with an intent to steal.

“[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 3 21, 324 (1996). The district court should summarily deny a motion to modify sentence if the motion raises issues that fall outside of 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 Castaneda's claim, we conclude it falls outside the narrow scope of claims permissible in a motion to modify sentence. Therefore, we conclude the district court did not err by denying Castaneda's motion,² and we

ORDER the judgment of the district court AFFIRMED.

Bulla, C.J.

Gibbons, J.

Westbrook, J.

FOOTNOTES

1.   Castaneda's motion was titled “motion to petition the Clark County district court to change my category B felony of burglary to a category C.” The record indicates the district court treated the motion as a motion to modify sentence.

2.   In light of this disposition, we further conclude the district court did not err in denying Castaneda's request for the appointment of counsel. To the extent Castaneda presents argument in his pro se notice of appeal, such argument is improperly raised, and we do not consider it. See NRAP 3(c) (providing the contents of a notice of appeal); see also NRAP 28(k) (stating an appellant “proceeding without assistance of counsel may file the form brief provided by the clerk of the Supreme Court in lieu of the brief described in Rule 28(a)”).