MANUEL BRUNO TORRES v. THE STATE OF NEVADA (2026)

ORDER OF AFFIRMANCE

Manuel Bruno Torres appeals from a district court order denying a motion to modify sentence filed on September 23, 2025. Eighth Judicial District Court, Clark County; Hon. Michelle Leavitt, Judge.

In his motion, Torres requested that the district court reconsider his sentence because he has been sober, this was his first felony, he worked and paid taxes, and he took various classes. Torres also claimed that the presentence investigation report (PSI) contained “several material facts in error.” “[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). The district court may summarily deny a motion to modify a sentence if the motion raises issues that fall outside of the very narrow scope of issues permissible in such a motion. Id. at 708 n.2, 918 P.2d at 325 n.2.

Torres did not identify any errors in the PSI and thus did not identify any mistaken assumptions about his criminal record which worked to his extreme detriment, and his remaining claims fell outside the narrow scope of claims permissible in a motion to modify a sentence. Therefore, the district court properly concluded that it lacked jurisdiction to modify Torres’ sentence, see Staley v. State, 106 Nev. 75, 79, 787 P.2d 396, 398 (1990), overruled on other ground by Hodges v. State, 119 Nev. 479, 484, 78 P.3d 67, 70 (2003), and we conclude the district court did not err by denying Torres’ motion. Accordingly,¹ we

ORDER the judgment of the district court AFFIRMED.

Bulla, C.J.

Gibbons, J.

Westbrook, J.

FOOTNOTES

1.   On appeal, Torres contends that (1) trial-level counsel was ineffective, (2) his confession was coerced, and (3) his Miranda rights were violated. Torres did not raise these claims in his motion below, and we decline to consider them on appeal in the first instance. See State v. Wade, 105 Nev. 206, 209 n.3, 772 P.2d 1291, 1293 n.3 (1989).