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Mighty v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Mar 30, 2020
460 P.3d 32 (Nev. App. 2020)

Opinion

No. 78619-COA

03-30-2020

Caven MIGHTY, Appellant, v. The STATE of Nevada, Respondent.

Washoe County Alternate Public Defender Attorney General/Carson City Washoe County District Attorney


Washoe County Alternate Public Defender

Attorney General/Carson City

Washoe County District Attorney

ORDER OF AFFIRMANCE

Caven Mighty appeals from a judgment of conviction, pursuant to a guilty plea, of coercion. Second Judicial District Court, Washoe County; Lynne K. Simons, Judge.

Mighty contends the district court abused its discretion at sentencing because it failed to address or show it had considered any of the mitigation information he provided. The district court has wide discretion in its sentencing decision. See NRS 176.035(1) ; Houk v. State, 103 Nev. 659, 664, 747 P.2d 1376, 1379 (1987). We will not interfere with a sentence imposed by the district court that falls within the parameters of the relevant sentencing statutes "[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).

The district court indicated it had considered Mighty's mitigating factors by acknowledging having received the presentence investigation report and documents Mighty submitted. The sentence imposed, 24 to 60 months in prison, is within the parameters provided by the relevant statute. See NRS 207.190(2)(a). And Mighty does not allege that the district court relied on impalpable or highly suspect evidence. Having considered the sentence and the crime, we conclude the district court did not abuse its discretion in sentencing Mighty. Accordingly, we

ORDER the judgment of conviction AFFIRMED.


Summaries of

Mighty v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Mar 30, 2020
460 P.3d 32 (Nev. App. 2020)
Case details for

Mighty v. State

Case Details

Full title:CAVEN MIGHTY, Appellant, v. THE STATE OF NEVADA, Respondent.

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Mar 30, 2020

Citations

460 P.3d 32 (Nev. App. 2020)