Opinion
No. 70723
04-19-2017
JOHN FRANK POLLARD, JR., Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Appellant John Frank Pollard, Jr. appeals from a judgment of conviction entered pursuant to a guilty plea of driving and/or being in actual physical control of a motor vehicle while under the influence of a controlled substance and/or a prohibited substance resulting in substantial bodily harm. Eighth Judicial District Court, Clark County; Jennifer P. Togliatti, Judge.
Pollard claims his 8- to 20-year prison sentence constitutes cruel and unusual punishment because he is a 66-year-old Navy veteran with multiple serious medical conditions which make it extremely likely he will die before his prison sentence expires.
Regardless of its severity, a sentence that is within the statutory limits is not "'cruel and unusual punishment unless the statute fixing punishment is unconstitutional or the sentence is so unreasonably disproportionate to the offense as to shock the conscience.'" Blume v. State, 112 Nev. 472, 475, 915 P.2d 282, 284 (1996) (quoting Culverson v. State, 95 Nev. 433, 435, 596 P.2d 220, 221-22 (1979)); see also Harmelin v. Michigan, 501 U.S. 957, 1000-01 (1991) (plurality opinion) (explaining the Eighth Amendment does not require strict proportionality between crime and sentence; it forbids only an extreme sentence that is grossly disproportionate to the crime).
The sentence imposed falls within the parameters of the relevant statute, see NRS 484C.430(1)(f), and Pollard does not allege the statute is unconstitutional. We note the record indicates Pollard has a previous conviction for driving under the influence of a controlled substance. And we conclude the sentence imposed is not grossly disproportionate to the crime and does not constitute cruel and unusual punishment. Accordingly, we
ORDER the judgment of conviction AFFIRMED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Jennifer P. Togliatti, District Judge
Clark County Public Defender
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk