Winship (Michelle) v. State ( 2013 )

 Prison. The district court is afforded considerable discretion in imposing a
sentence, and its determination will not be disturbed absent an abuse of
discretion. Randell v. State, 109 Nev. 5, 8, 846 P.2d 278, 280 (1993).
Abuse of discretion will be found only when the record shows "prejudice
resulting from consideration of information or accusations founded on
facts supported only by impalpable or highly suspect evidence." Silks v.
State, 92 Nev. 91, 94, 545 P.2d 1159, 1161 (1976). Appellant does not
argue that the district court relied on impalpable or highly suspect
evidence; therefore, we conclude the district court did not abuse its
discretion.
Third, appellant contends that her sentence was
disproportionate to the facts and circumstances of the case and to the
sentences imposed on her codefendants, constituting cruel and unusual
punishment. A sentence that falls within the statutory guidelines is not
considered cruel and unusual unless the statute is unconstitutional or the
sentence is "so unreasonably disproportionate to the offense as to shock
the conscience." Blume v. State, 112 Nev. 472, 475, 915 P.2d 282, 284
(1996) (internal quotation marks omitted). There is no legal requirement
that codefendants be sentenced to identical terms. Nobles v. Warden, 106
Nev. 67, 68, 787 P.2d 390, 391 (1990) (emphasizing that "sentencing is an
individualized process").
Appellant does not allege that the relevant statutes are
unconstitutional, and her sentence falls within the statutory guidelines.
See NRS 193.130(2)(c); NRS 205.270(1)(a). The instant offense involved
appellant taking a wallet, as her codefendants distracted the victim, and
then backing a vehicle into a bystander as she fled the scene. We conclude
that the sentence imposed is not unreasonably disproportionate to the
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offense and therefore does not constitute cruel and unusual punishment.
Accordingly, we
ORDER the judgment of the conviction AFFIRMED.
J.
Hardesty
Parraguirre
J.
cc: Hon. Steven P. Elliott, District Judge
Michael V. Roth
Attorney General/Carson City
Washoe County District Attorney
Washoe District Court Clerk
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