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Sharp v. State

Supreme Court of Nevada.
Jun 13, 2012
381 P.3d 661 (Nev. 2012)

Opinion

No. 59509.

06-13-2012

Mark Leonard Harvey Tucker SHARP, Appellant, v. The STATE of Nevada, Respondent.

Humboldt County Public Defender Attorney General/Carson City Humboldt County District Attorney


Humboldt County Public Defender

Attorney General/Carson City

Humboldt County District Attorney

ORDER OF AFFIRMANCE

This is an appeal from a judgment of conviction, pursuant to a guilty plea, of eluding a police officer in a manner posing danger. Sixth Judicial District Court, Humboldt County; Michael Montero, Judge.

Appellant Mark Leonard Harvey Tucker Sharp contends that the district court abused its discretion by not sentencing him to the minimum sentence. Sharp's sentence of 28 to 72 months in prison is within the statutory limits, see NRS 484B.550(3)(b), and the district court did not rely on “impalpable or highly suspect evidence,” Silks v. State, 92 Nev. 91, 94, 545 P.2d 1159, 1161 (1976). Furthermore, it is within the district court's discretion to grant or deny probation, see NRS 176A.100(1)(c), and the district court is not required to follow the recommendations of the Division of Parole and Probation, Collins v. State, 88 Nev. 168, 171, 494 P.2d 956, 957 (1972). We conclude that the district court did not abuse its discretion at sentencing, and we

ORDER the judgment of conviction AFFIRMED.


Summaries of

Sharp v. State

Supreme Court of Nevada.
Jun 13, 2012
381 P.3d 661 (Nev. 2012)
Case details for

Sharp v. State

Case Details

Full title:Mark Leonard Harvey Tucker SHARP, Appellant, v. The STATE of Nevada…

Court:Supreme Court of Nevada.

Date published: Jun 13, 2012

Citations

381 P.3d 661 (Nev. 2012)