Harris (Mia) v. State ( 2013 )


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  •                 appellant does not challenge the statute as unconstitutional. We are not
    convinced that the sentence is unreasonably disproportionate to the
    gravity of the offense so as to violate the proscription against cruel and
    unusual punishment.       Ewing v. California, 
    538 U.S. 11
    , 29 (2003)
    (plurality opinion); Harmelin v. Michigan, 
    501 U.S. 957
    , 1000-01 (1991)
    (plurality opinion).
    To the extent appellant argues that the district court abused
    its discretion in sentencing appellant as it did, we discern no abuse of
    discretion in this instance.   Houk v. State, 
    103 Nev. 659
    , 664, 
    747 P.2d 1376
    , 1379 (1987); Silks v. State, 
    92 Nev. 91
    , 94, 
    545 P.2d 1159
    , 1161
    (1976) (recognizing that this court will not interfere with sentence imposed
    "[sic, long as the record does not demonstrate prejudice resulting from
    consideration of information or accusations founded on facts supported
    only by impalpable or highly suspect evidence").
    Having considered appellant's arguments and concluded that
    they lack merit, we
    ORDER the judgment of conviction AFFIRMED.
    , J.
    ,J.
    Hardesty
    Parragu                                    Cherry
    SUPREME COURT
    OF
    NEVADA
    2
    (0) 1947A
    cc:   Hon. Michelle Leavitt, District Judge
    Clark County Public Defender
    Attorney General/Carson City
    Clark County District Attorney
    Eighth District Court Clerk
    SUPREME COURT
    OF
    NEVADA
    3
    (0) 1947A
    ffai [WM         EVIEROMM,       ``         L''"   T;R:ri.0435"7-70   IIUM
    

Document Info

Docket Number: 62194

Filed Date: 6/13/2013

Precedential Status: Non-Precedential

Modified Date: 4/18/2021