Opinion
No. 66334
02-04-2015
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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