Chacon-Rodriguez (Luis) v. State

• Court: Nevada Supreme Court
• Decided: June 13, 2013
• Docket: 62134
• Status: Unpublished

Opinion

parameters provided by the relevant statutes, see NRS 484C.110(1); NRS 484C.410(1), and appellant does not allege that those statutes are unconstitutional. We are not convinced that the sentence imposed is so grossly disproportionate to the crime as to constitute cruel and unusual punishment. To the extent appellant argues that the district court abused its discretion in sentencing him, we disagree. See generally Houk v. State, 103 Nev. 659, 664, 747 P.2d 1376, 1379 (1987) ("The sentencing judge has wide discretion in imposing a sentence . . . ."). This court will refrain from interfering with the sentence imposed "[s] o 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." Silks v. State, 92 Nev. 91, 94, 545 P.2d 1159, 1161 (1976). Appellant does not allege that the district court relied on impalpable or highly suspect evidence. Considering appellant's three prior felonies, we are not convinced that the district court abused its discretion. Accordingly, we ORDER the judgment of conviction AFFIRMED.

SUPREME COURT OF NEVADA 2 (0) 1947A

MONEENEINEBEMiniS 4FSeNt..WM1175?ATs::.- • 4. . • cc: Hon. Jerome Polaha, District Judge Washoe County Alternate Public Defender Attorney General/Carson City Washoe County District Attorney Washoe District Court Clerk

SUPREME COURT OF NEVADA 3 (0) 1947A

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