Opinion
No. 61751
05-15-2013
ANTHONY POSEY, Appellant, v. THE STATE OF NEVADA, Respondent.
An unpublished J order shall not be regarded as precedent and shall not be cited as legal authority.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 two counts of abuse and/or neglect of an older person resulting in substantial bodily or mental harm or death. Eighth Judicial District Court, Clark County; Douglas W. Herndon, Judge.
Appellant Anthony Posey contends that the district court abused its discretion by imposing an excessive sentence constituting cruel and unusual punishment. We disagree. This court will not disturb a district court's sentencing determination absent an abuse of discretion. See Parrish v. State, 116 Nev. 982, 989, 12 P.3d 953, 957 (2000). Posey's two consecutive prison terms of 72-180 months fall within the parameters provided by the relevant statute, see NRS 200.5099(6) (category B felony punishable by a prison term of 2-20 years), it is within the district court's discretion to impose consecutive sentences, see NRS 176.035(1), and the sentence imposed is not so unreasonably disproportionate to the gravity of the offense as to shock the conscience, see 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). We conclude that the district court did not abuse its discretion at sentencing, and we
ORDER the judgment of conviction AFFIRMED.
____________________, J.
Gibbons
____________________, J.
Douglas
____________________, J.
Saitta
cc: Hon. Douglas W. Herndon, District Judge
Clark County Public Defender
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk