Whitaker (Tennille) Vs. State

• Court: Nevada Supreme Court
• Decided: November 21, 2019
• Docket: 77294
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

TENNILLE RAE WHITAKER, No. 77294 Appellant, vs. FILED THE STATE OF NEVADA, Respondent. NOV 2 1 2019 ELIZABEM A. BROWN CLERK OF SUPRE4E COURT ORDER OF AFFIRMANCE BY < \I DEPU &4 .3- L-c.t121(

This is an appeal from a judgment of conviction, pursuant to a nolo contendere plea, of four counts of sexual conduct between a school employee and a pupil under NRS 201.540. Fourth Judicial District Court, Elko County; Nancy L. Porter, Judge. Having reviewed the parties arguments and the record, we conclude appellant Tennille Whitaker did not properly preserve the issues raised on appeal—with the exception of her claim regarding her psychosexual report—and thus, we will not address them. Old Aztec Mine, Inc. v. Brown, 97 Nev. 49, 52, 623 P.2d 981, 983 (1981) (holding that "[a] point not urged in the trial court, unless it goes to the jurisdiction of that court, is deemed to have been waived and will not be considered on appeal."). Addressing the psychosexual report, we conclude that the district court considered the psychosexual report, and therefore, it did not violate NRS 176.139. Further, the district court did not abuse its discretion by giving less weight to the psychosexual evaluation during sentencing, and therefore, no relief is warranted. See Parrish v. State, 116 Nev. 982, 988- 89, 12 P.3d 953, 957 (2000) (recognizing the district court is afforded wide discretion in sentencing). Accordingly, we ORDER the judgment of the district court AFFIRMED.

J. Pickering

J. PP4mik aguirree

J. Cadish

cc: Hon. Nancy L. Porter, District Judge Byron A. Bergeron Karla K. Butko Attorney General/Carson City Elko County District Attorney Elko County Clerk

SUPREME COURT OF NEVADA 2 (o) 1947A ,4C4,