Fluker (Robert) v. State ( 2013 )

 Second, Fluker contends that the district court abused its
discretion and "abdicated the sentencing calculus" by simply following the
State's recommendation and imposing an excessive sentence without
considering the mitigating factors. Fluker also claims that by imposing
the maximum sentence, "the district court effectively usurped the
knowledge and authority of the parole board to determine if [he] could be
rehabilitated earlier and be released earlier." We disagree.
This court will not disturb a district court's sentencing
determination absent an abuse of discretion. Parrish v. State, 116 Nev.
982, 989, 12 P.3d 953, 957 (2000). Fluker failed to demonstrate that the
district court relied solely on impalpable or highly suspect evidence. See
Chavez v. State, 125 Nev. 328, 347-48, 213 P.3d 476, 489-90 (2009).
Fluker's consecutive prison terms of 72-180 months, 96-240 months, and
72-180 months fall within the parameters provided by the relevant
statutes, see NRS 200.380(2); NRS 193.167(1), it is within the district
court's discretion to impose consecutive sentences, see NRS 176.035(1),
and the sentence imposed is not so unreasonably disproportionate to the
gravity of the offenses as to shock the conscience, see CuIverson v. State,
95 Nev. 433, 435, 596 P.2d 220, 221-22 (1979); see also Harmelin v.
Michigan, 501 U.S. 957, 1000-01 (1991) (plurality opinion). The record
does not support Fluker's claim that the district court either failed to
consider the mitigating factors or abdicated its duty by adopting the
State's sentence recommendation. Fluker further failed to offer any
persuasive argument in support of his claim that the district court
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"usurped the knowledge and authority of the parole board" by imposing
the maximum sentence. We conclude that the district court did not abuse
its discretion at sentencing, and we
ORDER the judgment of conviction AFFIRMED.
"
,
Erg J.
Douglas Saitta
cc: Hon. Brent T. Adams, District Judge
Cynthia C. Lu, Esq.
Attorney General/Carson City
Washoe County District Attorney
Washoe District Court Clerk
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ii[2' 714*
. 41. tf.: