Gubbine (Sonny) v. State ( 2013 )

 id., 115 Nev. at 390, 990 P.2d at 1262, we conclude that this claim lacks
merit.
Second, Gubbine contends that the State failed to give proper
notice that a victim impact statement would reference a prior bad act and
the district court abused its discretion by considering the prior bad act.
The defense objected on hearsay grounds to the witness' mention of the act
and the district court noted that, although not hearsay, the statement was
inappropriate. The district court stated that it would not consider any
uncharged crimes and specified that it based Gubbine's sentence upon the
acts to which he pleaded no contest, the effect of the crimes on his children
and parents, and his inability to conform his conduct to the requirements
of the law. See Buschauer v. State, 106 Nev. 890, 894, 804 P.2d 1046, 1049
(1990) (a district court can disclaim reliance on prior bad acts when
imposing sentence). Gubbine's consecutive sentences of 48-120 months on
count I, 12 months on count II, 24-60 months on count III, and 24-60
months on count IV, are within the parameters provided by relevant
statutes, NRS 193.140; NRS 200.508(1)(b)(1); NRS 200.5099(1)(a); NRS
205.060(2), and we conclude that the district court did not abuse its
discretion at sentencing, see NRS 176.035(1); Parrish v. State, 116 Nev.
982, 989, 12 P.3d 953, 957 (2000). Accordingly, we
ORDER the judgment of conviction AFFIRMED.
i c--14cA4 ,J.
Hardesty
Parraguirre
SUPREME COURT
OF
NEVADA
2
(0) 1947A
cc: Hon. Steve L. Dobrescu, District Judge
State Public Defender/Ely
State Public Defender/Carson City
Attorney General/Carson City
White Pine County District Attorney
White Pine County Clerk
SUPREME COURT
OF
NEVADA
3
(0) 1947A