Geiger (Michael) v. State C/W 66115 ( 2014 )

 that the sentences run concurrently). The district court is afforded wide
discretion in its sentencing decision, see Houk v. State, 103 Nev. 659, 664,
747 P.2d 1376, 1379 (1987), and absent sole reliance on impalpable or
highly suspect evidence, we will not interfere with the district court's
imposition of a sentence within statutory guidelines, see Silks v. State, 92
Nev. 91, 94, 545 P.2d 1159, 1161 (1976). Geiger does not allege that the
district court relied on impalpable or highly suspect evidence nor that his
sentence of 2 to 5 years falls outside the statutory parameters, see NRS
193.130; NRS 205.273(4). Moreover, it is within the district court's
discretion to impose consecutive sentences, see NRS 176.035(1). We
disagree with Geiger's argument that his consecutive sentence violates the
purpose of NRS 176.035(1) and conclude that the district court did not
abuse its discretion at sentencing.
Next, Geiger claims that his convictions for possession of a
credit and/or debit card without consent and fraudulent use of a credit or
debit card in district court case no. CR13-1712 violate the Double
Jeopardy Clause. He argues that possession of a credit and/or debit card
without consent is a lesser-included offense of fraudulent use of a credit or
debit card and he cannot be convicted of both. The State concedes the
error, and we agree. See Moore v. State, 122 Nev. 27, 35, 126 P.3d 508,
513 (2006). Therefore, we reverse the portion of the judgment of
conviction in district court case no. CR13-1712 adjudicating Geiger guilty
of being in possession of a credit and/or debit card without consent and
remand for the district court to correct the judgment of conviction.
Accordingly, we
ORDER the judgment of conviction in Docket No. 66104
AFFIRMED and the judgment of conviction in Docket No. 66115
SUPREME COURT
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AFFIRMED IN PART AND REVERSED IN PART AND REMAND this
matter to the district court for proceedings consistent with this order.
/-4tA,Sat..1
Hardesty
ho4
J. J.
Douglas Cherry
cc: Hon. Connie J. Steinheimer, District Judge
Washoe County Public Defender
Attorney General/Carson City
Washoe County District Attorney
Washoe District Court Clerk
SUPREME COURT
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