McGarva (Irvin) v. State ( 2013 )

 was essentially consistent with Estrada's testimony. The district court
was also presented with evidence that appellant's offenses involved
several young victims and that he spent a significant period of time
creating opportunities to have contact with the children to facilitate his
crimes. And either through testimony or letters, the district court heard
evidence detailing the devastating impact appellant's crimes had on the
victims and their families. The district court disagreed with expert
opinions that appellant was not a pedophile, and it is not bound by those
opinions, see Allen v. State, 99 Nev. 485, 488, 665 P.2d 238, 240 (1983)
(observing that "[e]xpert testimony is not binding on the trier of fact").
The district court expressly based its sentencing decision on Estrada's
testimony, the written psychosexual evaluationJrisk assessment, the
statements of the victims and their family members, and appellant's
statement and imposed a sentence it deemed appropriate—a term of 24 to
72 months in prison for each of three counts of possession of visual
representation depicting sexual conduct of a person under 16 years of age
and 36 to 240 months in prison for one count of attempted lewdness with a
child under age 14, all counts to run consecutively. Considering the record
as a whole, we conclude the district court did not err by denying his
motion to modify the sentence. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
SUPREME COURT
OF
NEVADA
2
(0) 1947A
cc: Hon. Brent T. Adams, District Judge
State Public Defender/Carson City
Attorney General/Carson City
Washoe County District Attorney
Washoe District Court Clerk
SUPREME COURT
OF
NEVADA
3
(0) 1947A