Nevada Supreme Court, 2019

Gayler (Brandyn) v. State

Gayler (Brandyn) v. State
Nevada Supreme Court · Decided May 15, 2019

Gayler (Brandyn) v. State

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

BRANDYN WILLIAM GAYLER, No. 76526 Appellant, vs. THE STATE OF NEVADA, Resndent.

CLEi ORDER OF AFFIRMANCE r BY 11.RIC This is a pro se appeal from a district courrorder denying a motion to modify sentence.' Eighth Judicial District Court, Clark County; Eric Johnson, Judge.

Appellant argued that his sentence should be modified because the district court acknowledged that the sentence imposed was longer than it would have been had appellant not first been placed on probation.

Appellant also challenged the decision to revoke his probation. Because appellant did not demonstrate that the sentencing 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), we conclude that the district court did not err in denying appellant's May 22, 2018, motion. Accordingly, we ORDER the judgment of the district court AFFIRMED.

C.J.

1/41L4.40 J.

Stiglich Silver

'This appeal has been submitted for decision on the record without SUPREME COURT briefing or oral argument. NRAP 34(0(3), (g); see also NRAP 31(d)(1); OF NEVADA Luckett v. Warden, 91 Nev. 681, 682, 541 P.2d 910, 911 (1975). (0) 1947A Te • /et- 21387 cc: Hon. Eric Johnson, District Judge Brandyn William Gayler Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA (0) I 947A eo

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