Opinion
No. 60103.
09-12-2012
Allen Joseph STOUT, 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 judgment of conviction entered pursuant to a guilty plea of second-degree kidnapping and resisting a public officer. Eighth Judicial District Court, Clark County; Donald M. Mosley, Judge.
Appellant Allen Joseph Stout's sole contention is that his consecutive sentences, amounting to 66 to 204 months in prison, constitute cruel and unusual punishment because he took responsibility for his actions, had one prior misdemeanor conviction, and has large support from family and members of the community. However, because Stout does not argue that the relevant statutes are unconstitutional, his sentences are within the parameters of the relevant statutes, see NRS 176.035(1) ; NRS 193 .130(2)(c); NRS 199.280(1) ; NRS 200.330, and we are not convinced that the sentences are unreasonably disproportionate to the gravity of his offenses, we conclude that the sentences do not violate the constitutional proscriptions against cruel and unusual punishment, see Harmelin v. Michigan, 501 U.S. 957, 1000–01 (1991) (plurality opinion); Chavez v. State, 125 Nev. 328, 347–48, 213 P.3d 476, 489–90 (2009), and we
ORDER the judgment of conviction AFFIRMED.