Opinion
No. 74928-COA
01-25-2019
JESSE DOUGLAS FEEHAN-JONES, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Jesse Feehan-Jones appeals from a judgment of conviction entered pursuant to a guilty plea of burglary. First Judicial District Court, Carson City; James Todd Russell, Judge.
Feehan-Jones claims the district court abused its discretion by imposing the sentence in this case to run consecutive to the sentence in another case. He contends the prosecutor improperly argued that his crime resulted in the death of one of the residents of the home that he burglarized. And he argues the district court based its sentencing decision on this impalpable and highly suspect evidence.
We review a district court's sentencing decision for abuse of discretion. Chavez v. State, 125 Nev. 328, 348, 213 P.3d 476, 490 (2009). Feehan-Jones' 36- to 120-month prison sentence falls within the parameters of the relevant statute. See NRS 205.060(2). The district court has discretion to run the sentences consecutively. See NRS 176.035(1). And the record does not demonstrate the district court's sentencing decision was based solely on impalpable or highly suspect evidence. See Denson v. State, 112 Nev. 489, 492, 915 P.2d 284, 286 (1996).
Moreover, the record plainly demonstrates the district court imposed Feehan-Jones' sentence to run consecutively to the other sentence based on his criminal record and the fact that he committed this crime while he was out on parole for another crime. Based on this record, we conclude the district court did not abuse its discretion at sentencing, and we
ORDER the judgment of conviction AFFIRMED.
/s/_________, A.C.J.
Douglas
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. James Todd Russell, District Judge
State Public Defender/Carson City
Attorney General/Carson City
Carson City District Attorney
Carson City Clerk