Opinion
No. 58371.
11-18-2011
Allen Anthony ELSETH, Appellant, v. The STATE of Nevada, Respondent.
Washoe County Public Defender Attorney General/Carson City Washoe County District Attorney
Washoe County Public Defender
Attorney General/Carson City
Washoe County District Attorney
ORDER OF AFFIRMANCE
This is an appeal from a district court order revoking appellant Allen Anthony Elseth's probation. Second Judicial District Court, Washoe County; Robert H. Perry, Judge.
Elseth claims the district court abused its discretion by revoking his probation after defense counsel conceded that he violated its conditions. Elseth, however, offers no persuasive authority to support his contention that the district court must personally canvass him to confirm that he agrees with counsel's representations. The district court found, based on counsel's statement, that Elseth's conduct was not as good as required by the conditions of his probation and on appeal he does not refute counsel's admission. See Lewis v. State, 90 Nev. 436, 438, 529 P.2d 796, 797 (1974) ; McNallen v. State, 91 Nev. 592, 540 P.2d 121 (1975) (revocation of probation affirmed where violation by probationer not refuted). Therefore, we conclude that the district court did not abuse its discretion by revoking Elseth's probation, see Lewis, 90 Nev. at 438, 529 P.2d at 797, and we
ORDER the judgment of the district court AFFIRMED.