BELTRAN LOPEZ v. STATE (2020)

ORDER OF AFFIRMANCE

Leobardo Ismael Beltran-Lopez appeals from an order of the district court denying a motion for modification of sentence filed on December 17, 2018. Eighth Judicial District Court, Clark County; Carolyn Ellsworth, Judge.

Beltran-Lopez first claimed he received ineffective assistance of counsel. “[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). Beltran-Lopez’ claims fell outside this narrow scope. Therefore, without considering the merits of the ineffective-assistance claims raised, we conclude the district court did not err by denying this claim.

Beltran-Lopez also claimed his presentence investigation report contained several material errors. Beltran-Lopez failed to specify what the alleged errors were and, thus, failed to demonstrate the district court relied on mistaken assumptions regarding his criminal record that worked to his extreme detriment. See id. We therefore conclude the district court did not err by denying this claim. Accordingly, we

ORDER the judgment of the district court AFFIRMED.