Opinion
No. 64449
05-13-2014
KYLE LAWRENCE ESTES, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 obtaining and/or using the personal identification information of another and possession of a controlled substance for the purpose of sale. Second Judicial District Court, Washoe County; Connie J. Steinheimer, Judge.
Appellant Kyle Lawrence Estes contends that the district court abused its discretion at sentencing by imposing consecutive sentences. We disagree. After pleading guilty to the instant offenses, Estes failed to complete the requested treatment program and committed a new offense. Subsequently, the district court imposed consecutive prison terms of 12 to 36 months and 12 to 48 months. The sentence falls within the parameters provided by the relevant statutes, see NRS 193.130(2)(d); NRS 205.463(1); NRS 453.337(2)(a), and Estes does not allege that the district court based its determination solely upon impalpable or highly suspect evidence, see Silks v. State, 92 Nev. 91, 94, 545 R2d 1159, 1161 (1976). Further, it is within the district court's discretion to impose consecutive sentences. NRS 176.035(1). NRS 176.035(1) does not require a sentencing judge to make particularized findings when imposing consecutive sentences, and we decline Estes' invitation to compel such a requirement. See, e.g., Hughes v. State, 116 Nev. 327, 333, 996 P.2d 890, 893 (2000) (noting that "this court has never required the district courts to utter 'talismanic' phrases" and instead "looks to the record as a whole to determine whether the sentencing court actually exercised its discretion"). We conclude that the district court did not abuse its discretion, Houk v. State, 103 Nev. 659, 664, 747 P.2d 1376, 1379 (1987), and we
ORDER the judgment of conviction AFFIRMED.
__________, J.
Hardesty
__________, J.
Douglas
__________, J.
Cherry
cc: Hon. Connie J. Steinheimer, District Judge
Washoe County Public Defender
Attorney General/Carson City
Washoe County District Attorney
Washoe District Court Clerk