PEREZ MARQUEZ v. STATE (2022)

ORDER OF AFFIRMANCE

On April 25, 2022, Perez-Marquez filed a “notice of motion no hearing requested notice of status check” which the district court construed as a motion to modify sentence.¹ It appears this notice related to a prior pleading filed by Perez-Marquez on November 12, 2021, entitled “notice of motion hearing requested ‘new rule of law’ retroactively revised application of (N.R.S.) Nevada revised statute # 209.4465 subsection #8 - #9 and section #2.” In that pleading, Perez-Marquez argued that the Nevada Department of Corrections should apply the 2021 changes made to NRS 209.4465 to the calculation of his statutory good time credits.

Perez-Marquez's claim fell outside the narrow scope of claims permissible in a motion to modify sentence. See Edwards v. State, 112 Nev. 704, 708, 918 P.2d 321, 324 (1996). Therefore, without considering the merits of this claim, we conclude the district court did not err by denying the motion. Further, to the extent Perez-Marquez raises claims on appeal that are new and different than that raised in his motion below, we decline to consider them for the first time on appeal. See McNelton v. State, 115 Nev. 396, 416, 990 P.2d 1263, 1276 (1999). Accordingly, we

ORDER the judgment of the district court AFFIRMED.

FOOTNOTES

1.   Perez-Marquez does not argue that the district court erred by construing his motion as a motion to modify sentence.