Ramos (Ismael) v. State

Opinion

those opportunities "[a]nd then when he fowls (sic) up and we catch him with a gun and maybe he shoots somebody, well maybe we can send him to prison for a long, long time," suggesting that appellant should be sent to prison now to avoid future criminal activity. In that context, we conclude that the comments were not improper.

To the extent that the prosecutor's statements can be construed as improper, see generally Bridges v. State, 116 Nev. 752, 763, 6 P.3d 1000, 1008 (2000) (noting that a direct comment by the prosecutor on a defendant's failure to testify violates his constitutional right against selfincrimination ), we conclude that appellant failed to demonstrate plain error affecting his substantial rights. Nothing in the record indicates that the statements influenced the district court's sentencing decision, and "trial judges are presumed to know the law and to apply it in making their decisions." Jones v. State, 107 Nev. 632, 636, 817 P.2d 1179, 1181 (1991).

Having considered appellant's argument and concluded that no relief is warranted, we ORDER the judgment of conviction AFFIRMED.

J.

Parraguirre ‘t.) Cherry

cc: Hon. Michael Montero, District Judge Pershing County Public Defender Attorney General/Carson City Humboldt County District Attorney Humboldt County Clerk

SUPREME COURT OF NEVADA

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