Matlean (James) v. State ( 2013 )

 district court's inquiry by stating that it was not sure which person was
telling the truth about the girlfriend's role in the conspiracy. These
comments were within the State's discretion to "comment upon the
circumstances of the crime," and we conclude that the State did not breach
its obligations under the plea agreement.
Second, Matlean contends that the district court committed
reversible error by not allowing him to cross-examine a witness who
presented victim impact testimony. Matlean did not make a request to
cross-examine the witness. Therefore, Matlean's contention that the
district court prevented him from doing so lacks merit and he is not
entitled to relief on this claim.
Third, Matlean contends that the district court was
improperly influenced by the victim impact testimony of the victim's wife.
"So 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, this court will refrain from
interfering with the sentence imposed." Silks v. State, 92 Nev. 91, 94, 545
P.2d 1159, 1161 (1976). The witness' statement was not impalpable or
highly suspect evidence. See Randell v. State, 109 Nev. 5, 7-8, 846 P.2d
278, 280 (1993). Therefore, we conclude that Matlean is not entitled to
relief on this claim.
Fourth, Matlean asks this court to overrule our opinion in
Randell v. State, 109 Nev. 5, 7-8, 846 P.2d 278, 280 (1993), permitting a
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witness to express an opinion as to a defendant's sentence in a noncapital
case. Matlean has offered no persuasive authority in support of his
argument and we therefore decline his invitation to revisit this issue.
Having considered Matlean's contentions and concluded that
he is not entitled to relief, we
ORDER the judgment of conviction AFFIRMED.
Hardesty
cc: Hon. Michael P. Gibbons, District Judge
Kenneth A. Stover
Attorney General/Carson City
Douglas County District Attorney/Minden
Douglas County Clerk
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