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Kahn v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Feb 4, 2015
No. 66334 (Nev. App. Feb. 4, 2015)

Opinion

No. 66334

02-04-2015

ALAN LAWRENCE KAHN, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 one count of attempted burglary. Second Judicial District Court, Washoe County; Jerome Polaha, Judge.

Appellant contends that the district court abused its discretion at sentencing by imposing a prison term rather than placing him in drug or mental health court.

The district court is afforded wide discretion in its sentencing decision, see Houk v. State, 103 Nev. 659, 664, 747 P.2d 1376, 1379 (1987), and absent reliance on impalpable or highly suspect evidence, we will not interfere with the district court's imposition of a sentence within statutory guidelines, see Silks v. State, 92 Nev. 91, 94, 545 P.2d 1159, 1161 (1976). It is within the district court's discretion to impose probation. See NRS 176A.100(1)(c). The district court concluded that appellant's lengthy criminal history warranted a prison sentence rather than probation with a requirement for drug or mental health court. Appellant fails to demonstrate that the district court relied on impalpable or highly suspect evidence, and he does not argue that his sentence of 24 to 60 months falls outside the statutory parameters, see NRS 193.330, NRS 205.060. Therefore, we conclude that appellant fails to demonstrate that the district court abused its discretion, and we

ORDER the judgment of conviction AFFIRMED.

/s/_________, C.J.

Gibbons

/s/_________, J.

Tao

/s/_________, J.

Silver
cc: Hon. Jerome Polaha, District Judge

Washoe County Public Defender

Attorney General/Car son City

Washoe County District Attorney

Washoe District Court Clerk


Summaries of

Kahn v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Feb 4, 2015
No. 66334 (Nev. App. Feb. 4, 2015)
Case details for

Kahn v. State

Case Details

Full title:ALAN LAWRENCE KAHN, Appellant, v. THE STATE OF NEVADA, Respondent.

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Feb 4, 2015

Citations

No. 66334 (Nev. App. Feb. 4, 2015)