Opinion
No. 74670
06-13-2018
KACEY MOORE, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Kacey Moore appeals from a district court order revoking probation and an amended judgment of conviction. First Judicial District Court, Carson City; James Todd Russell, Judge.
Moore argues the district court abused its discretion by revoking her probation. Moore asserts her probation should have been reinstated because she had taken positive steps to better herself and she had to care for her children. We review the district court's decision to revoke probation for abuse of discretion. See Lewis v. State, 90 Nev. 436, 438, 529 P.2d 796, 797 (1974).
At the revocation hearing, Moore stipulated to violating her probation, including absconding and violating the law while in Missouri. Moore requested to be reinstated to probation, informing the district court she was pursuing a nursing degree and needed to care for her children following the death of their father. Following the arguments of the parties, the district court concluded Moore's conduct was not as good as required by the terms of her probation. See id. The district court noted Moore's criminal record included multiple felony convictions and found, given Moore's substantial criminal record, revocation of Moore's probation was warranted. Based upon the record before this court, we conclude the district court did not abuse its discretion by revoking Moore's probation. Accordingly, we
ORDER the order revoking probation and amended judgment of conviction AFFIRMED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. James Todd Russell, District Judge
State Public Defender/Carson City
Attorney General/Carson City
Carson City District Attorney
Carson City Clerk