BARCHENGER v. STATE (2020)

ORDER OF AFFIRMANCE

Dan Barchenger appeals from an order of the district court denying a “motion for credit against sentence and amended judgment of conviction” that the district court construed as a motion to modify or correct an illegal sentence. Second Judicial District Court, Washoe County; Lynne K. Simons, Judge.

In his motion filed on May 1, 2019, Barchenger requested an additional 168 days of presentence credit. The district court concluded Barchenger failed to demonstrate the district court 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). The district court also concluded Barchenger failed to demonstrate that his sentence was facially illegal or the district court lacked jurisdiction. See id. The record supports the district court's findings and we conclude the district court did not err by denying Barchenger's motion. Accordingly, we

ORDER the judgment of the district court AFFIRMED.