Leavitt (Cody) v. State C/W 66419

• Court: Nevada Supreme Court
• Decided: January 15, 2015
• Docket: 66325
• Status: Unpublished

Opinion

In his petition filed on March 26, 2014, in district court case number C248756, and his petition filed on March 27, 2014, in district court case number C233866, appellant asked the district court to order the Division of Parole and Probation to correct alleged errors in his presentence investigation report. We conclude that the district court did not err in denying appellant's petitions because the district court has no authority to amend a presentence investigation report after sentencing. See NRS 34.160; Stockmeier v. State, Bd. of Parole Comm'rs, 127 Nev. , , 255 P.3d 209, 213-14 (2011). Therefore, we ORDER the judgments of the district court AFFIRMED. 2

171)

Parraguirre

, J. , J. Cherry

2 In light of this disposition, we deny as moot appellant's applications to proceed in forma pauperis, motions for waiver of page limitations, motions to appoint counsel, and motions for production of transcripts at State expense. We have reviewed all documents that appellant has submitted in proper person to the clerk of this court in these matters, and we conclude that no relief based upon those submissions is warranted. To the extent that appellant has attempted to present claims or facts in those submissions which were not previously presented in the proceedings below, we have declined to consider them in the first instance.

SUPREME COURT OF NEVADA 2 (0) 1947A cc: Hon. Michael Villani, District Judge Hon. James M. Bixler, District Judge Cody C. Leavitt Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA 3 (C) 1947A Mem