Enriquez (Mark) v. State ( 2014 )

 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) (quoting
CuIverson v. State, 95 Nev. 433, 435, 596 P.2d 220, 221-22 (1979)); see also
Harmelin v. Michigan, 501 U.S. 957, 1000-01 (1991) (plurality opinion)
(explaining that the Eighth Amendment does not require strict
proportionality between crime and sentence; it forbids only an extreme
sentence that is grossly disproportionate to the crime).
The parties recommended a sentence of 48 to 120 months to be
served concurrently with the sentence to be imposed in district court case
number CR12-1506. Enriquez also asked to have the sentence imposed
concurrently with the sentence imposed against him in a federal case. The
district court rejected the parties' sentencing recommendation and
sentenced Enriquez to a term of 72 to 180 months, to be served
consecutively to any other sentences he has to serve. The district court
judge explained that he felt the plea recommendations were inappropriate
given Enriquez's eight prior convictions, most of which were committed
while he was on parole, and the fact that Enriquez repeatedly committed
similar or identical crimes.
Although the sentence imposed significantly exceeded the
sentence recommended by the parties, it is within the parameters
provided by the relevant statute, see NRS 205.46513(2), Enriquez does not
allege that the statute is unconstitutional, and he has not demonstrated
that the district court relied on impalpable or highly suspect evidence.
Having considered the sentence and the crime, we are not convinced that
the sentence imposed is so grossly disproportionate to the crime as to
constitute cruel and unusual punishment. Further, we are not convinced
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that the district court abused its discretion in imposing his sentence to be
served consecutive to his sentences in other cases. Therefore, we
ORDER the judgment of conviction AFFIRMED.
Poem. tiAt
Pickering
J.
Parraguirre Saitta
cc: Hon. Elliott A. Sattler, District Judge
Cotter C. Conway
Attorney General/Carson City
Washoe County District Attorney
Washoe District Court Clerk
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