Opinion
No. 73869
06-29-2018
GREGORY STUART KACHMAN, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Gregory Stuart Kachman appeals from a judgment of conviction, pursuant to a guilty plea, for assault on an officer with the use of a deadly weapon and stalking. Second Judicial District Court, Washoe County; Connie J. Steinheimer, Judge.
Kachman contends the district court abused its discretion by rejecting his request for probation and by imposing consecutive terms of prison. The district court has wide discretion in its sentencing decisions, Chavez v. State, 125 Nev. 328, 348, 213 P.3d 476, 490 (2009), including whether to grant probation, see NRS 176A.100(l)(c), or impose consecutive sentences, see NRS 176.035(1); Pitmon v. State, 131 Nev. 123, 128-29, 352 P.3d 655, 659 (Ct. App. 2015). This court will refrain from interfering with the sentence imposed "[s]o long as the record does not demonstrate prejudice resulting from consideration of information or accusations founded on facts supported only by impalpable or highly suspect evidence." Silks v. State, 92 Nev. 91, 94, 545 P.2d 1159, 1161 (1976).
Kachman's sentences of 28 to 72 months for the assault and 19 to 48 months for the stalking are within the parameters provided by the relevant statutes, see NRS 193.130(2)(c); NRS 200.471(2)(c); NRS 200.575(3), and Kachman does not allege the district court relied on impalpable or highly suspect evidence. Our review of the record reveals the district court did not abuse its discretion in sentencing Kachman. Accordingly, we
ORDER the judgment of conviction AFFIRMED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Connie J. Steinheimer, District Judge
Washoe County Public Defender
Attorney General/Carson City
Washoe County District Attorney
Washoe District Court Clerk