From Casetext: Smarter Legal Research

Sindt v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Mar 17, 2015
No. 66500 (Nev. App. Mar. 17, 2015)

Opinion

No. 66500

03-17-2015

TOD ALLEN SINDT, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 entered pursuant to a guilty plea of driving under the influence of intoxicating liquor with a prior felony conviction. Sixth Judicial District Court, Humboldt County; Michael Montero, Judge.

Appellant claims that the district court abused its discretion by sentencing him to a minimum prison term of 72 months because he did not make it a habit to drink and drive and he was only keeping a more inebriated friend from operating his vehicle. However, appellant's 72- to 180-month prison term falls within the parameters of the relevant statute. See NRS 484C.410(1). The record does not suggest that the district court based its sentencing decision on impalpable or highly suspect evidence. See Silks v. State, 92 Nev. 91, 94, 545 P.2d 1159, 1161 (1976). And we conclude that appellant has failed to demonstrate that the district court abused its discretion at sentencing. See Chavez v. State, 125 Nev. 328, 348, 213 P.3d 476, 490 (2009). Accordingly, we

ORDER the judgment of conviction AFFIRMED.

/s/_________, C.J.

Gibbons

/s/_________, J.

Tao

/s/_________, J.

Silver
cc: Hon. Michael Montero, District Judge

Humboldt County Public Defender

Attorney General/Carson City

Humboldt County District Attorney

Humboldt County Clerk


Summaries of

Sindt v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Mar 17, 2015
No. 66500 (Nev. App. Mar. 17, 2015)
Case details for

Sindt v. State

Case Details

Full title:TOD ALLEN SINDT, Appellant, v. THE STATE OF NEVADA, Respondent.

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Mar 17, 2015

Citations

No. 66500 (Nev. App. Mar. 17, 2015)