Dennis (Antwanette) v. State

• Court: Nevada Supreme Court
• Decided: April 9, 2013
• Docket: 61800
• Status: Unpublished

Opinion

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). A sentence that falls within the statutory limits is not considered cruel and unusual punishment "unless the statute fixing punishment is unconstitutional or the sentence is so unreasonably disproportionate to the offense as to shock the conscience." Blume v. State, 112 Nev. 472, 475, 915 P.2d 282, 284 (1996) (internal quotation marks omitted); see also Harmelin v. Michigan, 501 U.S. 957, 1000-01 (1991) (plurality opinion). Appellant does not argue that the district court relied on impalpable or highly suspect evidence or that the relevant statutes are unconstitutional. The sentence imposed was within the parameters provided by the relevant statutes. See NRS 193.130(2)(d); NRS 200.481(2)(e)(2); NRS 205.690(2). At sentencing, the district court was made aware of the opportunity for appellant to be gainfully employed as well as the availability of a safe and sober living situation. Appellant proposed services through Northern Nevada Adult Mental Health Services as a condition of probation, which respondent argued against given the gravity of appellant's crimes. We conclude that the sentence imposed is not unreasonably disproportionate to the offense and therefore does not constitute cruel and unusual punishment and that the district court did not abuse its discretion. Accordingly, we ORDER the judgment of conviction AFFIRMED.

Hardesty

SUPREME COURT OF NEVADA

(0) 1947A < • 2 cc: Hon. David A. Hardy, District Judge Washoe County Alternate Public Defender Attorney General/Carson City Washoe County District Attorney Washoe District Court Clerk

3 (0) 1947A