Opinion
No. 69984
07-27-2016
JARED EDWARD BEEBE, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
This is an appeal from a judgment of conviction, pursuant to a guilty plea, of two counts of possession of a credit card or debit card without cardholder's, consent. Fourth Judicial District Court, Elko County; Nancy L. Porter, Judge.
Appellant Jared Edward Beebe claims the district court abused its discretion when sentencing him on count 1. He asserts the district court ignored his counsel's sentencing recommendation.
The district court has wide discretion in its sentencing decision. See Houk v. State, 103 Nev. 659, 664, 747 P.2d 1376, 1379 (1987). And it is within the district court's discretion to impose consecutive sentences. See NRS 176.035(1); Pitmon v. State, 131 Nev. ___, ___, 352 P.3d 655, 659 (2015); Warden v. Peters, 83 Nev. 298, 303, 429 P.2d 549, 552 (1967). We will not interfere with the sentence imposed by the district court "[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).
For count 1, the district court sentenced Beebe under the habitual criminal statute to a prison term of 6 to 20 years, to be served consecutively with a sentence imposed in another case. As Beebe acknowledges, the sentence imposed in this case is within the parameters provided by the relevant statute. See NRS 207.010(1)(a). We conclude the district court did not abuse its discretion in imposing the sentence. Accordingly, we
ORDER the judgment of conviction AFFIRMED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Silver cc: Hon. Nancy L. Porter, District Judge
Lockie & Macfarlan, Ltd.
Attorney General/Carson City
Elko County District Attorney
Elko County Clerk