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Sakadales v. State

SUPREME COURT OF THE STATE OF NEVADA
Jul 22, 2014
No. 64962 (Nev. Jul. 22, 2014)

Opinion

No. 64962

07-22-2014

CHRISTOPHER STEVE SAKADALES, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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, pursuant to a guilty plea, of domestic battery. Second Judicial District Court, Washoe County; Janet J. Berry, Judge.

Appellant Christopher Steve Sakadales contends that the district court abused its discretion by ignoring mitigating factors and imposing an excessive sentence. We disagree. This court will not disturb a district court's sentencing determination absent an abuse of discretion. Parrish v. State, 116 Nev. 982, 989, 12 P.3d 953, 957 (2000). Sakadales has not alleged that the district court relied solely on impalpable or highly suspect evidence or that the sentencing statutes are unconstitutional. See Chavez v. State, 125 Nev. 328, 347-48, 213 P.3d 476, 489-90 (2009). Sakadales's prison term of 24 to 60 months falls within the parameters provided by the relevant statutes, NRS 193.130(2)(c); NRS 200.485(l)(c), 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.

Pickering

__________, J.

Parraguirre

__________, J.

Saitta
cc: Hon. Janet J. Berry, District Judge

Washoe County Alternate Public Defender

Attorney General/Carson City

Washoe County District Attorney

Washoe District Court Clerk


Summaries of

Sakadales v. State

SUPREME COURT OF THE STATE OF NEVADA
Jul 22, 2014
No. 64962 (Nev. Jul. 22, 2014)
Case details for

Sakadales v. State

Case Details

Full title:CHRISTOPHER STEVE SAKADALES, Appellant, v. THE STATE OF NEVADA, Respondent.

Court:SUPREME COURT OF THE STATE OF NEVADA

Date published: Jul 22, 2014

Citations

No. 64962 (Nev. Jul. 22, 2014)