JONES v. STATE (2021)

Court of Appeals of Nevada.

Roger Don JONES, a/k/a Rata D. Jones, a/k/a Raja Jones, a/k/a Scott M. Cory, a/k/a Roger D. Jones, a/k/a Darren S. Lopez, a/k/a Cory Scott, Appellant, v. The STATE of Nevada, Respondent.
Roger Don Jones, a/k/a Rata D. Jones, a/k/a Raja Jones, a/k/a Scott M. Cory, a/k/a Roger D. Jones, a/k/a Darren S. Lopez, a/k/a Cory Scott, Appellant, v. The State of Nevada, Respondent.
Roger Don Jones, a/k/a Rata D. Jones, a/k/a Raja Jones, a/k/a Scott M. Cory, a/k/a Roger D. Jones, a/k/a Darren S. Lopez, a/k/a Cory Scott, Appellant, v. The State of Nevada, Respondent.

No. 81750-COA, No. 81751-COA, No. 81816-COA

Decided: April 23, 2021

Roger Don Jones Attorney General/Carson City Clark County District Attorney

ORDER OF AFFIRMANCE

Roger Don Jones appeals from orders of the district court denying motions for modification of sentence filed on July 17, 2020, in district court case number 09C257580 (Docket No. 81750); July 20, 2020, in district court case number 09C258202-2 (Docket No. 81751); and July 17, 2020, in district court case number 09C255693 (Docket No. 81816). Eighth Judicial District Court, Clark County; Eric Johnson, Judge (Docket No. 81750); Joseph Hardy, Jr., Judge (Docket No. 81751); and David M. Jones, Judge (Docket No. 81816).

In his motions, Jones claimed the recent amendments to the habitual criminal statute should be applied to him retroactively. Because Jones did not allege that a mistaken assumption about his criminal record worked to his extreme detriment, his claims were outside the scope of a motion for modification of sentence. See Edwards v. State, 112 Nev. 704, 708, 918 P.2d 321, 324 (1996). Therefore, without deciding on the merits of any claims raised in the motions, we conclude the district court did not err by denying Jones' motions. Accordingly, we

ORDER the judgments of the district court AFFIRMED.

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