POLK v. STATE (2020)

ORDER OF AFFIRMANCE

Gerald Jerome Polk appeals from a district court order denying motions for modification of sentence filed on July 15, 2019, and July 19, 2019. Eighth Judicial District Court, Clark County; Cristina D. Silva, Judge.

On appeal, Polk claims the district court erred by denying his claim that his sentence should be modified because the presentence investigation report (PSI) mistakenly stated that he had previously been incarcerated three times. Polk claims he had only been incarcerated two times and this misinformation regarding his criminal record worked to his extreme detriment.

Even assuming it was error for the PSI to state Polk had been to prison three times rather than two, Polk’s claim lacks merit. Given the nature of the crimes Polk committed and his prior criminal history, Polk failed to demonstrate the sentencing judge relied on mistaken assumptions regarding his criminal record that worked to his extreme detriment. See Edwards v. State, 112 Nev. 704, 708, 918 P.2d 321, 324 (1996). Therefore, we conclude the district court did not err by denying Polk’s claim, and we

ORDER the judgment of the district court AFFIRMED.