Chacon-Rodriguez (Luis) v. State ( 2013 )


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  •                       parameters provided by the relevant statutes, see NRS 484C.110(1); NRS
    484C.410(1), and appellant does not allege that those statutes are
    unconstitutional. We are not convinced that the sentence imposed is so
    grossly disproportionate to the crime as to constitute cruel and unusual
    punishment.
    To the extent appellant argues that the district court abused
    its discretion in sentencing him, we disagree. See generally Houk v. State,
    
    103 Nev. 659
    , 664, 
    747 P.2d 1376
    , 1379 (1987) ("The sentencing judge has
    wide discretion in imposing a sentence . . . ."). This court will refrain from
    interfering with the sentence imposed "[s] o long as the record does not
    demonstrate 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 allege that the district court relied on
    impalpable or highly suspect evidence. Considering appellant's three prior
    felonies, we are not convinced that the district court abused its discretion.
    Accordingly, we
    ORDER the judgment of conviction AFFIRMED.
    SUPREME COURT
    OF
    NEVADA
    2
    (0) 1947A
    MONEENEINEBEMiniS                   4FSeNt..WM1175?ATs::.- •           4. . •
    cc: Hon. Jerome Polaha, District Judge
    Washoe County Alternate Public Defender
    Attorney General/Carson City
    Washoe County District Attorney
    Washoe District Court Clerk
    SUPREME COURT
    OF
    NEVADA
    3
    (0) 1947A
    giAMMMIE
    

Document Info

Docket Number: 62134

Filed Date: 6/13/2013

Precedential Status: Non-Precedential

Modified Date: 4/18/2021