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Kennedy v. State

SUPREME COURT OF THE STATE OF NEVADA
Jul 24, 2015
No. 65606 (Nev. Jul. 24, 2015)

Opinion

No. 65606

07-24-2015

JOSEPH FRANK KENNEDY, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 attempted battery with substantial bodily harm. Eighth Judicial District Court, Clark County; Stefany Miley, Judge.

Appellant Joseph Kennedy pled guilty to a charge of attempted battery with substantial bodily harm and was sentenced to 12 to 32 months of incarceration. He contends that the law should be changed to require the district court to articulate its reasons for imposing a sentence of incarceration so that sentencing decisions may be subjected to meaningful appellate review. However, appellant did not object below or ask the district court to explain its sentencing decision, and he has not demonstrated that the district court's failure to do so constitutes plain error. See NRS 178.602; Mendoza-Lobos v. State, 125 Nev. 634, 644, 218 P.3d 501, 507 (2009). Accordingly, we

ORDER the judgment of the district court AFFIRMED.

/s/_________, C.J.

Hardesty
/s/_________, J.
Parraguirre
/s/_________, J.
Douglas
/s/_________, J.
Cherry
/s/_________, J.
Saitta
/s/_________, J.
Gibbons
/s/_________, J.
Pickering
cc: Hon. Stefany Miley, District Judge

Terrence M. Jackson

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk


Summaries of

Kennedy v. State

SUPREME COURT OF THE STATE OF NEVADA
Jul 24, 2015
No. 65606 (Nev. Jul. 24, 2015)
Case details for

Kennedy v. State

Case Details

Full title:JOSEPH FRANK KENNEDY, Appellant, v. THE STATE OF NEVADA, Respondent.

Court:SUPREME COURT OF THE STATE OF NEVADA

Date published: Jul 24, 2015

Citations

No. 65606 (Nev. Jul. 24, 2015)