From Casetext: Smarter Legal Research

Smith v. State

Supreme Court of Nevada.
Oct 8, 2012
381 P.3d 663 (Nev. 2012)

Opinion

No. 60252.

10-08-2012

Malcolm Rene SMITH, Appellant, v. The STATE of Nevada, Respondent.

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


Clark County Public Defender

Attorney General/Carson City

Clark County District Attorney

ORDER OF AFFIRMANCE

This is an appeal from a district court order for revocation of probation and amended judgment of conviction. Eighth Judicial District Court, Clark County; Donald M. Mosley, Judge.

Appellant Malcolm Rene Smith contends that the district court abused its discretion by revoking his probation because the State did not establish that he violated a condition of his probation. The decision to revoke probation is within the broad discretion of the district court, and will not be disturbed absent a clear showing of abuse. Lewis v. State, 90 Nev. 436, 438, 529 P.2d 796, 797 (1974). The district court heard testimony from which it could reasonably infer that Smith's conduct was not as good as required by the conditions of his probation. See id. And to the extent Smith contends that the district court revoked his probation based on a violation that was not alleged in the violation report, this contention is belied by the record. Accordingly, we

ORDER the judgment of the district court AFFIRMED.


Summaries of

Smith v. State

Supreme Court of Nevada.
Oct 8, 2012
381 P.3d 663 (Nev. 2012)
Case details for

Smith v. State

Case Details

Full title:Malcolm Rene SMITH, Appellant, v. The STATE of Nevada, Respondent.

Court:Supreme Court of Nevada.

Date published: Oct 8, 2012

Citations

381 P.3d 663 (Nev. 2012)