Lopez (Paul) v. State C/W 66466

 915 P.2d 282, 284 (1996) (quoting CuIverson v. State, 95 Nev. 433, 435, 596
P.2d 220, 221-22 (1979)); see also Harmelin v. Michigan, 501 U.S. 957,
1000-01 (1991) (plurality opinion) (explaining that Eighth Amendment
does not require strict proportionality between crime and sentence; it
forbids only an extreme sentence that is grossly disproportionate to the
crime). The sentence imposed is within the parameters provided by the
relevant statutes, see NRS 200.030, and appellant does not allege that
those statutes are unconstitutional. Considering the nature and
circumstances of the offense, we are not convinced that the sentence
imposed is so grossly disproportionate to the crime as to constitute cruel
and unusual punishment. 1 Moreover, appellant stipulated• to a life
sentence without the possibility of parole for first-degree murder. He
cannot now complain that he received the sentence to which he agreed.
Appellant next requests that we remand his case to the
district court for an evidentiary hearing to determine the full scope of the
issues that should be raised on appeal. He asserts that remand is
necessary because counsel was appointed after sentencing and the
procedural history of the case sheds no light on the issues he desired this
court to consider. An evidentiary hearing is not an appropriate remedy to
ascertain what issues should be raised on appeal.
'Appellant points out that the Nevada Constitution prohibits
punishment that is cruel or unusual, see Nev. Const. art 1, § 6, while the
United States Constitution prohibits punishment that is cruel and
unusual, see U.S. Const. amend. VIII, and that we should be mindful of
that distinction. For the reasons above, appellant has not demonstrated
that his sentence is constitutionally infirm under either constitution.
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Having considered appellant's contentions and concluded that
they lack merit, we
ORDER the judgment of conviction AFFIRMED.
Parraguirre
\Do
Douglas Cherry
akLay
cc: Hon. Carolyn Ellsworth, District Judge
Christopher R. Oram
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
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