JORGE HERNANDEZ JEORGE HERNANDEZ v. THE STATE OF NEVADA (2026)

ORDER OF AFFIRMANCE

Jorge Hernandez appeals from a district court order denying a motion for modification of sentence filed on March 14, 2025. Eighth Judicial District Court, Clark County; Tina Talim, Judge

In his motion, Hernandez sought to modify his sentence to a sentence of credit for time served. Hernandez claimed that his trial counsel promised him he would receive a sentence of credit for time served and that his plea was therefore unknowingly and involuntarily entered.

“[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 Hernandez's claim, we conclude it fell outside the narrow scope of claims allowed in a motion to modify a sentence. Therefore, we conclude the district court did not err by summarily denying Hernandez's motion, and we

ORDER the judgment of the district court AFFIRMED.

Bulla, C.J.

Gibbons, J.

Westbrook, J.