Polk (Gerald) Vs. State

IN THE SUPREME COURT OF THE STATE OF NEVADA

GERALD JEROME POLK, No. 80239 Appellant, vs.

THE STATE OF NEVADA,

Respondent. FILED JUL 2 4 2020 ELIZABETH A. BROWN CLERK OF SUPREME COURT BY S'V DEPUTY A-4-Af‘ CLE ikkid ( r ORDER OF AFFIRMANCE

This is an appeal from a district court order denying appellant's motion for modification of sentence. Eighth Judicial District Court, Clark County; Michael Villani, Judge.

Appellant Gerald Jerome Polk filed a motion for modification of sentence, which the district court denied. Having reviewed the record on appeal, we affirm, as Polk is not entitled to relief. "[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). Here, as the district court noted, Polk failed to state any reason, factual or legal, to support his motion. As a result, Polk failed to demonstrate that the district court relied upon a materially untrue assumption or mistake of

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NEVADA fact that worked to his detriment. Id. Accordingly, we conclude the district court did not err by denying his motion, and we ORDER the judgment of the district court AFFIRMED.

Pickering

Atie. , C.J.

, J. A1,4G.0 , J. Hardesty Stiglich cc: Hon. Michael Villani, District Judge Gerald Jerome Polk

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk

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NEVADA (0) 194.7,4 .tagt.