Rudnick (Gary) v. State ( 2014 )

 The written plea agreement and the plea canvass transcript
demonstrate that Rudnick reasonably understood that the State was free
to argue for an appropriate sentence. Moreover, the record reveals that
the State's actions of not opposing Rudnick's bail reduction motion,
subsequently stipulating to Rudnick's own recognizance release, and later
agreeing to the removal of Rudnick's ankle monitor all occurred after
Rudnick entered his plea and that Rudnick expressly acknowledged that
the district court's decision to grant or deny a bail reduction would have no
bearing on his decision to plead guilty. We conclude from this record that
the State did not breach the terms or the spirit of its agreement with
Rudnick.
Rudnick also contends that the district court abused its
discretion at sentencing when it unfairly considered his uncharged bad
acts and punished him based on testimony that he provided during
Ernesto Gonzalez's trial.
We review a district court's sentencing decision for abuse of
discretion. Chavez v. State, 125 Nev. 328, 348, 213 P.3d 476, 490 (2009).
A sentencing "court is privileged to consider facts and circumstances
which clearly would not be admissible at trial." Silks v. State, 92 Nev. 91,
93-94, 545 P.2d 1159, 1161 (1976). However, we "will reverse a sentence if
it is supported solely by impalpable and highly suspect evidence." Denson
v. State, 112 Nev. 489, 492, 915 P.2d 284, 286 (1996).
Here, the district court sentenced Rudnick to serve a prison
term of 24 to 84 months, Rudnick's sentence falls within the limits
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imposed by NRS 199.480(1)(b), and the record belies Rudnick's claim that
the district court relied solely on highly suspect evidence in reaching its
sentencing decision. Based on this record, we conclude that Rudnick has
failed to demonstrate that the district court abused its discretion at
sentencing.
Having concluded that Rudnick is not entitled to relief, we
ORDER the judgment of conviction AFFIRMED.
Pickering
Pidebttaf , J.
J.
Saitta
cc: Hon. Connie J. Steinheimer, District Judge
Washoe County Alternate Public Defender
Attorney General/Carson City
Washoe County District Attorney
Washoe District Court Clerk
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