Opinion
No. 64444
01-21-2015
DANIEL GORDON MEYER, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 an Alford plea of attempted sexual assault of a minor under 14 years of age. Eighth Judicial District Court, Clark County; James M. Bixler, Judge.
Appellant claims that his prison sentence of three to nine years constitutes cruel and unusual punishment because it significantly deviated from the Division of Parole and Probation's sentencing recommendation. However, appellant does not claim that the relevant statutes are unconstitutional. See Blume v. State, 112 Nev. 472, 475, 915 P.2d 282, 284 (1996). The sentence falls within the parameters of those statutes. See NRS 193.330(1)(a)(1); NRS 200.366(3). The sentence is not grossly disproportionate to the gravity of the offense. See Harmelin v. Michigan, 501 U.S. 957, 1000-01 (1991) (plurality opinion); Blume, 112 Nev. at 475, 915 P.2d at 284. Accordingly, we conclude that appellant's sentence does not violate the constitutional proscriptions against cruel and unusual punishment, and we
ORDER the judgment of conviction AFFIRMED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Silver
cc: Hon. James M. Bixler, District Judge
Nguyen & Lay
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
North Carolina v. Alford, 400 U.S. 25 (1970).