Dalton (Miranda) v. State ( 2015 )


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  •                  and Dalton's sentence was greater than 78% of other defendants who
    committed similar crimes.
    Regardless of its severity, a sentence that is within the
    statutory limits is not "cruel and unusual punishment unless the statute
    fixing punishment 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); see also Harmelin v. Michigan, 
    501 U.S. 957
    , 1000-01 (1991)
    (plurality opinion) (explaining that the Eighth Amendment forbids only an
    extreme sentence that is grossly disproportionate to the crime). Here, the
    sentence imposed is within the parameters provided by the relevant
    statute, see NRS 484C.430(1), Dalton's arguments do not demonstrate a
    constitutional violation, and we are not convinced that the sentence
    imposed is so grossly disproportionate to the crime as to constitute cruel
    and unusual punishment. Accordingly, we
    ORDER the judgment of conviction AFFIRMED.
    4-441     , C.J.
    Hardesty
    --C2CA
    Parraguirre r                                Douglas
    teL9
    cc:     Hon. Jennifer P. Togliatti, District Judge
    Eighth Judicial District Court Dept. 20
    Schwab Law Group
    Attorney General/Carson City
    Clark County District Attorney
    Eighth District Court Clerk
    SUPREME COURT
    OF
    NEVADA
    2
    (0) 1947A    e
    

Document Info

Docket Number: 66509

Filed Date: 11/13/2015

Precedential Status: Non-Precedential

Modified Date: 4/18/2021