Ramos (Ismael) v. State ( 2013 )


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  •                   those opportunities "[a]nd then when he fowls (sic) up and we catch him
    with a gun and maybe he shoots somebody, well maybe we can send him to
    prison for a long, long time," suggesting that appellant should be sent to
    prison now to avoid future criminal activity. In that context, we conclude
    that the comments were not improper.
    To the extent that the prosecutor's statements can be
    construed as improper, see generally Bridges v. State, 
    116 Nev. 752
    , 763, 
    6 P.3d 1000
    , 1008 (2000) (noting that a direct comment by the prosecutor on
    a defendant's failure to testify violates his constitutional right against self-
    incrimination), we conclude that appellant failed to demonstrate plain
    error affecting his substantial rights. Nothing in the record indicates that
    the statements influenced the district court's sentencing decision, and
    "trial judges are presumed to know the law and to apply it in making their
    decisions." Jones v. State, 
    107 Nev. 632
    , 636, 
    817 P.2d 1179
    , 1181 (1991).
    Having considered appellant's argument and concluded that
    no relief is warranted, we
    ORDER the judgment of conviction AFFIRMED.
    J.
    Parraguirre ‘t.)                             Cherry
    cc: Hon. Michael Montero, District Judge
    Pershing County Public Defender
    Attorney General/Carson City
    Humboldt County District Attorney
    Humboldt County Clerk
    SUPREME COURT
    OF
    NEVADA
    2
    (0) 1947A     •
    

Document Info

Docket Number: 63129

Filed Date: 10/16/2013

Precedential Status: Non-Precedential

Modified Date: 10/30/2014