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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Precedential Status: Non-Precedential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