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Adams v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Jun 29, 2018
No. 72638 (Nev. App. Jun. 29, 2018)

Opinion

No. 72638

06-29-2018

RICHARD REID ADAMS, Appellant, v. THE STATE OF NEVADA, Respondent.


ORDER OF AFFIRMANCE

Richard Reid Adams appeals from a judgment of conviction, pursuant to a guilty plea, for robbery with the use of a deadly weapon. First Judicial District Court, Carson City; James E. Wilson, Judge.

Adams contends the district court abused its discretion by imposing a longer sentence than that recommended by the Division of Parole and Probation (P&P). The district court has wide discretion in its sentencing decision. See Chavez v. State, 125 Nev. 328, 348, 213 P.3d 476, 490 (2009). We will not interfere with a sentence imposed by the district court that falls within the parameters of the relevant sentencing statutes "[s]o long as the record does not demonstrate prejudice resulting from consideration of 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).

Adams was sentenced to a prison term of 72 to 180 months for the robbery and to a consecutive prison term of 72 to 180 months for the deadly weapon enhancement. These terms were within the parameters of the relevant statutes. See NRS 193.165(1), (2); NRS 200.380 (1). The sentencing court is not required to follow P&P's recommendations and does not abuse its discretion simply by imposing a sentence longer than what P&P suggested. Collins v. State, 88 Nev. 168, 171, 494 P.2d 956, 957 (1972). Accordingly, we

ORDER the judgment of conviction AFFIRMED.

/s/_________, C.J.

Silver

/s/_________, J.

Tao

/s/_________, J.

Gibbons cc: Hon. James E. Wilson, District Judge

Robert B. Walker

Attorney General/Carson City

Carson City District Attorney

Carson City Clerk


Summaries of

Adams v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Jun 29, 2018
No. 72638 (Nev. App. Jun. 29, 2018)
Case details for

Adams v. State

Case Details

Full title:RICHARD REID ADAMS, Appellant, v. THE STATE OF NEVADA, Respondent.

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Jun 29, 2018

Citations

No. 72638 (Nev. App. Jun. 29, 2018)