Hodges (Steven) v. State

• Court: Nevada Supreme Court
• Decided: September 18, 2013
• Docket: 62074
• Status: Unpublished

Opinion

Second, Hodges contends that the district court abused its

discretion by adjudicating him as a habitual criminal and imposing a

disproportionate sentence which shocks the conscience. We disagree.

The district court has broad discretion to dismiss a count of

habitual criminality. See NRS 207.010(2); O'Neill v. State, 123 Nev. 9, 12, 153 P.3d 38, 40 (2007). Our review of the record reveals that the district

court understood its sentencing authority and considered the appropriate

factors prior to making its determination to adjudicate Hodges as a

habitual criminal. See Hughes v. State, 116 Nev. 327, 333, 996 P.2d 890,

893 (2000); see also NRS 207.016(5); O'Neill, 123 Nev. at 15-16, 153 P.3d at 42-43 (once a district court declines to exercise its discretion to dismiss

an allegation of habitual criminality, the only factual findings the judge

may then make must relate solely to the existence and validity of the prior

convictions). We conclude that the district court did not abuse its

discretion by adjudicating Hodges as a habitual criminal.

Additionally, Hodges has not alleged that the district court

relied solely on impalpable or highly suspect evidence or demonstrated

that the sentencing statute is unconstitutional. See Chavez v. State, 125

Nev. 328, 348, 213 P.3d 476, 489-90 (2009). Hodges' prison term of 10-25

years falls within the parameters provided by the relevant statute, see

NRS 207.010(1)(b)(3), and is not so unreasonably disproportionate to the

gravity of the offense and his history of recidivism as to shock the

SUPREME COURT OF NEVADA 2 (0) 1947A conscience, CuIverson v. State, 95 Nev. 433, 435, 596 P.2d 220, 221-22 (1979); see also Ewing v. California, 538 U.S. 11, 29 (2003) (plurality opinion); Harmelin v. Michigan, 501 U.S. 957, 1000-01 (1991) (plurality opinion). We conclude that the district court did not abuse its discretion at

sentencing. Parrish v. State, 116 Nev. 982, 989, 12 P.3d 953, 957 (2000). Accordingly, we ORDER the judgment of conviction AFFIRMED.

Gibbons

J. Douglas

cc: Hon. Elliott Sattler, District Judge Janet S. Bessemer Attorney General/Carson City Washoe County District Attorney Washoe District Court Clerk

SUPREME COURT OF NEVADA 3 (0) 1947A