Opinion
No. 61711
04-09-2013
KARISMA GARCIA, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 grand larceny. Fifth Judicial District Court, Nye County; Kimberly A. Wanker, Judge.
Appellant Karisma Garcia contends that the district court abused its discretion by imposing an excessive and disproportionate sentence amounting to cruel and unusual punishment. We disagree. This court will not disturb a district court's sentencing determination absent an abuse of discretion. See Parrish v. State, 116 Nev. 982, 989, 12 P.3d 953, 957 (2000). Garcia's prison term of 24-60 months falls within the parameters provided by the relevant statutes, see NRS 205.222(2); NRS 193.130(2)(c), and the sentence imposed is not so unreasonably disproportionate to the gravity of the offense as to shock the conscience, see Culverson v. State, 95 Nev. 433, 435, 596 P.2d 220, 221-22 (1979); see also Harmelin v. Michigan, 501 U.S. 957, 1000-01 (1991) (plurality opinion). We conclude that the district court did not abuse its discretion at sentencing, and we
ORDER the judgment of conviction AFFIRMED.
_________________. J.
Hardesty
_________________. J.
Parraguirre
_________________. J.
Cherry
cc: Hon. Kimberly A. Wanker, District Judge
Carl M. Joerger
Nye County District Attorney
Attorney General/Carson City
Attorney General/Las Vegas
Nye County Clerk