Opinion
No. 67073
06-16-2015
KENNETH STEVEN BRONSON, Appellant, v. THE STATE OF NEVADA, Respondent.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER OF AFFIRMANCE
This is an appeal from a judgment of conviction, pursuant to a guilty plea, of first-degree arson. Sixth Judicial District Court, Humboldt County; Michael Montero, Judge.
Appellant Kenneth Bronson asserts the district court abused its discretion at sentencing by imposing a prison term rather than sentencing him to probation. He further asserts the judgment of conviction improperly imposes a maximum term of 160 months because the district court orally imposed a maximum term of 156 months. We disagree.
The granting of probation is discretionary. See NRS 176A.100(1)(c). See generally Houk v. State, 103 Nev. 659, 664, 747 P.2d 1376, 1379 (1987) ("The sentencing judge has wide discretion in imposing a sentence . . . ."). This court will refrain from interfering with the sentence imposed "[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).
Bronson's sentence of 62-160 months is within the parameters provided by the relevant statute, see NRS 205.010, and he does not allege the district court relied on impalpable or highly suspect evidence. We are not convinced the district court abused its discretion in declining to suspend the sentence and place Bronson on probation. Further, although the upward deviation of the maximum term to 160 months appears to have been a clerical error, the written judgment is controlling; the oral pronouncement is not the final and effective decision. See Bradley v. State, 109 Nev. 1090, 1094-95, 864 P.2d 1272, 1274-75 (1993). Accordingly, we find no error in the judgment of conviction, and we
We note the district court can correct a clerical error at any time. NRS 176.565.
ORDER the judgment of conviction AFFIRMED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Silver
cc: Hon. Michael Montero, District Judge
Humboldt County Public Defender
Attorney General/Carson City
Humboldt County District Attorney
Humboldt County Clerk