Johnson (Michael) v. State

• Court: Nevada Supreme Court
• Decided: May 12, 2014
• Docket: 64660
• Status: Unpublished

Opinion

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) (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 the 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 recommendation of the Division of Parole and Probation has no binding effect on the courts. Etcheuerry v. State, 107 Nev. 782, 786, 821 P.2d 350, 352 (1991). At sentencing, the district court imposed a prison term of 24- 60 months, noting Johnson's lengthy criminal history and the fact that Johnson had been revoked from parole and probation numerous times. The sentence imposed is within the parameters provided by the relevant statutes, see NRS 193.130(2)(c); NRS 453.401(1)(a), and Johnson 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. Therefore, we ORDER the judgment of conviction AFFIRMED.

,J. Hardesty

,J. Douglas

SUPREME COURT OF NEVADA 2 (0) 1947A ea) cc: Hon. Douglas Smith, District Judge Nguyen & Lay Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA 3 (0) )947A