Williams (Mathew) v. State ( 2013 )


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  •                 argues that the statute violates the constitutional proscription against
    cruel and unusual punishment because it imposes a sentence that is
    disproportionate to the offense, is greater than necessary to meet society's
    interests, and is overly severe when compared with the sentences imposed
    by other jurisdictions.
    Because Williams has not demonstrated that the Legislature
    acted arbitrarily by increasing the punishment for lewdness with a child,
    see Goudge v. State, 128 Nev. „ 
    287 P.3d 301
    , 304 (2012) ("[T]he
    Legislature is empowered to define crimes and determine punishments, as
    long as it does so within constitutional limits. Moreover, it is within the
    Legislature's power to completely remove any judicial discretion to
    determine a criminal penalty by creating mandatory sentencing schemes."
    (internal citation and quotation marks omitted)), nor supported his cruel-
    and-unusual-punishment argument with tangible evidence, he has not
    made a clear showing that the statute is invalid. Accordingly, we
    ORDER the judggzent of conviction AFFIRMED.
    Gibbons
    ,J.
    Saitta
    cc: Hon. Patrick Flanagan, District Judge
    Karla K. Butko
    Attorney General/Carson City
    Washoe County District Attorney
    Washoe District Court Clerk
    SUPREME COURT
    OF
    NEVADA
    2
    (0) 1947A
    LtE5        -
    

Document Info

Docket Number: 62302

Filed Date: 9/18/2013

Precedential Status: Non-Precedential

Modified Date: 4/17/2021