Opinion
No. 64513
04-10-2014
SHEILA LOUISE GREEN, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 entered pursuant to a guilty plea of two counts of burglary. Second Judicial District Court, Washoe County; Connie J. Steinheimer, Judge.
Appellant Sheila Louise Green was sentenced to a prison term of 24 to 60 months for the first count and a prison term of 12 to 60 months for the second count. She contends that the district court abused its discretion by imposing the sentences to run consecutively. She argues that the district court failed to follow the legislative purpose of NRS 176.035(1), which she claims is to temper the harshness of the historic practice of running subsequent sentences consecutively. And she asserts that the district court "double-dipped" by using her criminal history as a reason for both denying probation and running the sentences consecutively.
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). Green's prison sentences fall within the parameters of the relevant statute, see NRS 205.060(2), she does not allege that the district court relied solely on impalpable or highly suspect evidence, see Silks v. State, 92 Nev. 91, 94, 545 P.2d 1159, 1161 (1976), and NRS 176.035(1) plainly gives the district court discretion to run subsequent sentences consecutively, see Hobbs v. State, 127 Nev. ___, ___, 251 P.3d 177, 179 (2011) ("If the statute's language is clear and unambiguous, we enforce the statute as written.").
We conclude that the district court did not abuse its discretion at sentencing, and we
ORDER the judgment of conviction AFFIRMED.
______________________, J.
Pickering
______________________, J.
Parraguirre
______________________, J.
Saitta
cc: Hon. Connie J. Steinheimer, District Judge
Washoe County Public Defender
Attorney General/Carson City
Washoe County District Attorney
Washoe District Court Clerk